HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.479 of 2008 Date: 07-07-2011 Between: Gaali Nirmala Devi and others ………. Appellants And Ultra Dimentions and another ………. Respondents HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.479 of 2008 ORDER: This appeal is preferred against the order dated 06-11-2007 passed in M.V.O.P.No.890 of 2006 on the file of the Motor Vehicles Accidents Claims Tribunal, Guntur. The appellants herein are the claimants. The parties hereinafter are referred to as they arrayed before the Tribunal. 2. The brief facts of the case are that on 25-06-2006 at about 6-00 AM, while the deceased by name Gaali Venkateswarlu was travelling on his motorcycle from Ganapavaram to Chilakaluripet and when he crossed Kuppagandi vagu bridge on NH-5 Road, a car bearing No.AP 5AJ 5859, driven by its driver in a rash and negligent manner, hit the motorcycle of the deceased due to which he fell down and died on the spot. Therefore, the petitioners, who are the wife, two sons and daughter of the deceased, filed the O.P. claiming compensation of Rs.15,00,000/- under all the heads. 3. During the course of trial, on behalf of the petitioners, the first petitioner herself was examined as PW-1 besides examining PWs.2 to 4 and Exs.A-1 to A-13, X-1 and X-2 were got marked. On behalf of the respondents, none were examined, however, Ex.B-1, copy of the insurance policy, was got marked. The Tribunal, after considering the evidence adduced by both parties, came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle and accordingly, allowed the O.P. in part awarding total compensation of Rs.5,61,744/-under all the heads with interest @ 7.5 % per annum from the date of petition till the date of deposit, and made the owner and Insurance Company of the offending vehicle, who are respondents 1 and 2 therein, jointly and severally liable to pay the compensation. Aggrieved thereby, the petitioners preferred the present appeal. 4. The learned counsel appearing for the appellants mainly urged that the Tribunal, while assessing the compensation, deducted 1/3rd of the income of the deceased towards his personal and living expenses and also wrongly applied multiplier 12 instead of 14 and placed on the decision of the Apex Court reported in SARLA VARMA v. DELHI TRANSPORT CORPORATION [1] and urged for enhancement of compensation. 5. The learned counsel for the respondents, while supporting the order of the Tribunal, sought for dismissal of the appeal. 6. Now the point for consideration is whether the appellants are entitled for enhancement of compensation? 7. The factum of the accident is not disputed. Having gone through the impugned order, the Tribunal, while discussing the evidence on record, correctly came to the conclusion fastening the liability against the owner and the insurance company of the offending vehicle. However, awarded the compensation of Rs.5,69,744/- under all heads while deducting 1/3rd of the income towards personal and living expenses of the deceased by applying multiplier 12. 8. Admittedly the petitioners are four in number and they claimed the compensation for the death of the deceased Gaali Venkateswarlu. As per the principles laid down in SARLA VARMA’s case (1 supra), if the dependant family members of the deceased are 4 to 6, 1/4th has to be deducted towards his personal and living expenses. But, as seen from the impugned order, the Tribunal deducted 1/3rd on that score and arrived at Rs.43,812/- towards the contribution of the deceased to the family members, which is not sustainable. Therefore, if 1/4th is deducted from the annual salary of the deceased at Rs.65,718/-, his contribution to the family members would be Rs.49,288-50 ps. Admittedly the deceased is aged about 43 years as on the date of accident as per the post-mortem certificate. As per the SARLA VARMA’s case (1 supra), multiplier ‘14’ to be applied to the age group of 41-45. Therefore, as the deceased is aged about 43 years as on the date of accident, multiplier ‘14’ is applicable and while applying the same to the annual contribution of the deceased to the family members, it comes to Rs.6,90,039/- (Rs.49,288-50 ps X 14). The Tribunal also awarded an amount of Rs.15,000/- towards loss of estate, Rs.3,000/- towards funeral expenses, Rs.3,000/- towards transportation and Rs.15,000/- towards loss of consortium. The said amounts granted by the Tribunal, in my view, are sustainable. Therefore, the petitioners are entitled to claim the total compensation of Rs.7,26,039/- (Rs.6,90,039/- + Rs.15,000/- + Rs.3,000/- + Rs.3,000/- + Rs.15,000/-). 9. Accordingly, the M.A.C.M.A. is allowed in part enhancing the compensation from Rs.5,61,744/- to Rs.7,26,039/-. The enhanced amount shall carry interest @ 6% per annum from the date of petition till the date of realisation. No order as to costs. _______________ K.S. APPA RAO, J Date: 07-07-2011 YCR [1] (2009) 6 SCC 121