IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTYSECOND DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Miscellaneous Appeal No.4697 of 2003 Between: Syed Ataur Rahman and others .. Appellants AND J. Lakshmi Reddy and 3 others .. Respondents JUDGMENT: The Civil Miscellaneous Appeal is directed against the award in O.P.No.244 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Ranga Reddy, dated 28-06-2003. The claimants are the parents and brothers of Syed Khasim Ali, who met with a motor accident, while going as a driver on van KL-7-T-8541 dashed against by lorry No.AP-02-V-2572, driven rashly and negligently. Syed Khasim Ali received multiple fractures and grievous injuries and was treated at a private Hospital at Bangalore where he died on 24-02-1999. The police registered Crime No.40 of 1999 against the lorry driver and the dependents, who claimed to have spent Rs.50,000/- towards medical expenses claimed a compensation of Rs.2,50,000/- from the owners and insurers of both the vehicles. While the owners of the vehicles remained ex parte, the insurers contested the claim denying the allegations of the claimants and questioning the existence of any subsisting insurance or valid driving licence for the drivers or fitness of the vehicles. The manner of the accident, insurance of the vehicles and entitlement of the claimants to compensation were the subject of the issues framed by the Tribunal, which examined PWs.1 and 2 and marked Exs.A.1 to A.7 and B.1 during the enquiry. The Tribunal rendered the impugned award referring to Ex.A.1-First Information Report given by the deceased himself, corroborated by the eye-witness account of PW.2 to conclude that the accident was due to the rash and negligent driving by the lorry driver. The Tribunal assessed the compensation taking the income of the deceased at Rs.2,100/- as opposed to Rs.2,800/- claimed by the claimants as per Ex.A.7-certificate as Ex.A.7 was not proved by examining the person who issued it. 1/3rd was deducted towards personal expenses of the deceased and on applying a multiplier of 7.68 taking the age of the 1st claimant- PW.1 into account, the loss of dependency was assessed at Rs.1,29,024/- and towards loss of estate and funeral expenses Rs.7,000/- were granted. Medical expenses were not considered as no bills were filed and the total compensation of Rs.1,36,024/- was directed to carry interest at 9% p.a. from the date of award payable by the owner and insurer of the lorry only. The claim against the owner and insurer of the Mitsubushi van was dismissed. The 1st respondent to the appeal was stated to be no more, but the learned counsel for the appellants endorsed that the appeal against the 1st respondent is not pressed as he was set ex parte before the Tribunal. Sri Venkateshwar Varanasi, learned counsel for the appellants and Sri Ramachandra Reddy Gadi, learned counsel for the 2nd respondent and Sri Nisaruddin Ahmed Jeddy, learned counsel for the 4th respondent are heard. The conclusions of the Tribunal about the responsibility for the accident being with the lorry driver and the owner and insurer of the lorry being jointly and severally liable to justly and adequately compensate the claimants have become final in the absence of any challenge. Therefore, the only question that remains for consideration is the quantum of just and adequate compensation payable by the respondents 1 and 2 to the claim. Ex.A.7-certificate had specified the deceased to be receiving Rs.2,800/- per month as salary and the deceased was an unmarried bachelor whose parents and brothers are claiming the compensation herein. In respect of such persons as per Sarla Verma and others v. Delhi Transport Corporation and others[1], the deduction towards personal expenses should ordinarily be 50% and if so, the annual loss of dependency would have been the same at Rs.1400/- as assessed by the Tribunal. The assessment of the income by the Tribunal at Rs.2,100/- and deduction of 1/3rd towards personal expenses of the deceased, however, also need not be disturbed at this distance of time, when even Sarla Verma and others v. Delhi Transport Corporation and others (stated supra) decided that in appropriate cases, dependent on the degree of dependence on the deceased, the deduction towards living expenses can be restricted to 1/3rd. However, the appropriate multiplier, which should be applicable with reference to the age of the mother at 45 years will be 14 and if it were to be with reference to the age of the father, it will be 13 for the age of 50 years. If a multiplier of 14 were to be adopted to an annual loss of dependency of Rs.16,800/-, the total loss of dependency will be Rs.2,35,200/-. The claimants will be further entitled to Rs.5,000/- each towards loss of estate and funeral expenses and therefore, the claimants even on the estimate made by the Tribunal should have been entitled to Rs.2,45,000/-. Coming to the interest awarded also, Section 171 of the Motor Vehicles Act enables grant of interest from the date of petition and not from the date of award to deviate from which there should have been some fault or lapse on the part of the claimants and the interest therefore, should be awarded from that date. But, given the period for which and the amount on which the insurer, a custodian of public funds, has to pay interest, the same can be confined to 6% p.a. Therefore, the award dated 28-06-2003 in O.P.No.244 of 1999 on the file of the Motor Accidents Claims Tribunal-cum- Principal District Judge, Ranga Reddy, is modified by granting a total compensation of Rs.2,45,000/- with interest at 6% p.a. from the date of petition till the date of payment or deposit with proportionate costs. The apportionment of the compensation shall be in the same ratio as directed by the Tribunal and no further directions need be given at this distance of time concerning the disbursement of the compensation. The appeal is allowed accordingly in part without costs. _____________________ G. BHAVANI PRASAD, J Date: 22-09-2011 Ksn [1] 2009 ACJ 1298