IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR M.A.C.M.A. NO.623 OF 2007 DATED:23.07.2010 Between: M. Anku Bai and others … Appellants And Ch. Sathyanarayana Reddy and another … Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR M.A.C.M.A. NO.623 OF 2007 JUDGMENT: The appeal is by the claimants seeking enhancement of the compensation. While originally the claim was made for compensation of Rs.10,00,000/-, the Tribunal below awarded a sum of Rs.2,51,282/-. The appeal is to the extent of the disallowed claim. The facts of the case show that the husband of the first claimant was working as Trammer in Singareni Collieries Company Limited (SCCL) on a daily wage of Rs.198.08 ps. as per the certificate of wages – Ex.A.7. The deceased was aged forty-eight years and on account of the rash and negligent driving of the tipper in question bearing No.MH 34A 3993, the deceased who was travelling in auto bearing No.AP 25T 6121 dashed against each other resulting in severe head injury to the deceased on account of which he succumbed to the injuries. The compensation claim was resisted by the respondent – Insurance Company by alleging that the auto driver himself was negligent and responsible for the accident and that the driver of the tipper was not holding valid driving licence and thereby disowned its liability. On issue No.1, the Tribunal found that the accident was occurred on account of collision between the two motor vehicles, i.e., auto and tipper and the said accident took place on account of negligent driving by the driver of the vehicle belonging to first respondent. So far as the claim for compensation is concerned, the Tribunal found that the deceased was earning daily wage of Rs.198.08 ps. and calculated the same for twenty-six days and as per Ex.A.7, his monthly wages were worked out to Rs.5,150.08 ps per month. After deducting 1/3rd thereof towards personal expenses, the dependency was arrived at Rs.3,433.38 ps. per month which worked out to Rs.41,200.56 ps. per year. The multiplier of 8.80 was applied and compensation of Rs.3,62,564.92 ps. was awarded. Heard learned Counsel for both sides. The learned counsel for the appellants contends that not only the earnings of the deceased have been scaled down to a minimum instead of Rs.8,621.60 per month, but also the multiplier applied is very low and considering the decision of the Supreme Court in Sarla Verma v. Delhi Transport Corporation[1] the appropriate multiplier for the age of forty- eight years ought to have been thirteen. It is no doubt on record that the evidence of P.W.3, a Clerk in SCCL, was that the deceased was a permanent employee of the SCCL and he was drawing wages of Rs.331.60 ps. per day which worked out to Rs.8,621.60 ps. for twenty-six days. Ex.A.7 - Certificate, however, shows that the wage of the deceased was only Rs.198.08 ps. per day and the said certificate also does not show that the deceased was a permanent employee, as alleged. The Tribunal therefore was right in taking into consideration Ex.A.7 for the purpose of ascertaining the earnings of the deceased and the sum arrived at Rs.41,200.56 ps., per year by the Tribunal below does not warrant any interference. However, the multiplier applied by the Tribunal being 8.80 is unreasonably low and as per the decision of the Supreme Court in Sarla Verma case (supra), multiplier of thirteen would be appropriate keeping in view the age of the deceased as forty-eight years. The Award therefore warrants appropriate modification to that extent and the dependency worked out on that basis would be Rs.5,35,607.28 ps., (41,200.56 x 13), which can be rounded off to Rs.5,35,600/-. In addition to the above, the Tribunal has awarded Rs.10,000/- towards loss of consortium and another sum of Rs.5,000/- towards funeral expenses. Though loss of consortium is applicable to the widow of the deceased, the other claimants are also entitled to an amount of Rs.15,000/- towards loss of estate. The interest awarded by the Tribunal was at the rate of 7.5%. Since the respondents have not appealed against, the interest awarded at Rs.7.5% is not interfered with. However, as has been held consistently by the Supreme Court that the interest rate at 6% is appropriate, to the extent of the enhanced amount, the interest shall be at the rate of 6% per annum. In the result, the dependency shall stand revised from Rs.3,62,564.92 ps. to Rs.5,35,600/-. The appellants 2 and 3 are entitled to a sum of Rs.15,000/- towards loss of estate. The interest on the enhanced amount shall carry 6% per annum from the date of the claim. The appeal is accordingly allowed in part. No costs. ______________________ VILAS V. AFZULPURKAR, J 23.07.2010 bnr [1] (2009) 6 SCC 121