THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY MA.C.M.A.No.3328 of 2009 JUDGMENT: One Sri S.Christopher, the husband of the appellant was employed as a Cleaner on a lorry bearing No.AP7 U 4348 owned by the first respondent and insured with the second respondent. On 03.05.2000, he was on duty and a train rammed the lorry, when it was negotiating a level crossing. He died in the accident. The appellant filed O.P.No.723 of 2000 on the file of the Motor Accident Claims Tribunal –cum- District Judge, Guntur, claiming a sum of Rs.2,25,000/- as compensation. She pleaded that the deceased was earning a sum of Rs.3,000/- per month and was aged 35 years. The O.P. was opposed by the respondents. Through its order, dated 09.07.2004, the Tribunal awarded a sum of Rs.1,42,000/- as compensation. It took the wages of the deceased at Rs.1,500/- per month and applied the multiplier “11”. The appellant seeks enhancement of the compensation. Heard the learned counsel for the petitioner and Sri R.Venkat Rao, learned counsel for the second respondent. The C.M.A. was dismissed for default against the first respondent. The occurrence of the accident, the employment of the deceased with the first respondent and his death on account of the accident are not in dispute. The FIR registered in relation to the accident was marked as Ex.A.1, inquest report as Ex.A.2 and the postmortem report as Ex.A.3. The appellant proved her marriage with the deceased by filing Ex.A.4. Though the appellant claimed that the deceased was earning a sum of Rs.3,000/- per month, no material was placed before the Tribunal. Obviously, by taking the prevalent wages into account, the Tribunal took the view that the wages could be Rs.1,500/- per month. 1/3rd was deducted towards personal expenses of the deceased. Therefore, his contribution to the family was taken as Rs.1,000/-. No exception can be taken to this exercise. The deceased was aged 35 years. The Tribunal applied the multiplier “11”. According to Schedule II of the Act, the multiplier for a person of that age would be “16”. Therefore, the loss of dependency would be Rs.1,92,000/-. A sum of Rs.10,000/- was awarded towards loss of consortium and the same does not warrant any enhancement. The Tribunal did not award any amount towards loss of estate. Rs.5,000/- is awarded on that count. Hence, the compensation is enhanced to Rs.2,07,000/- and the enhanced compensation shall carry interest at 7%. The appeal is accordingly, allowed. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 14th SEPTEMBER, 2009. kvni