THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2801 of 2003 AND CROSS OBJECTIONS (SR).No.12422 of 2005 ORAL COMMON JUDGMENT: Heard both sides. Challenging the quantum of compensation, awarded by the Additional District Judge-cum- Motor Accident Claims Tribunal, Nizamabad (for brevity “the Tribunal”), in O.P.No.956 of 1998, by order, dated 19.11.2002, granting a sum of Rs.2,26,000/- towards compensation for the death of one Nukala Balaiah in a road accident that occurred on 03.10.1998, the Oriental Insurance Company Limited, filed the present Civil Miscellaneous Appeal. The claimants filed the Cross-Objections seeking enhancement of the compensation awarded by the Tribunal in the said O.P. The particulars as regards the accident, etc., are not in dispute. The only dispute is with regard to the quantum of compensation awarded by the Tribunal. The deceased was aged about 52 years as on the date of accident. The Tribunal, in the absence of any evidence on record as regards the earnings of the deceased, assessed the notional income of the deceased at Rs.2,400/- per month. But, since there is absolutely no evidence on record as regards the income of the deceased, I am of the view that this notional fixation of monthly income of the deceased is slightly on higher side. Therefore, I feel it just and reasonable to fix the income of the deceased at Rs.1,500/- per month, in which event, the annual income comes to Rs.18,000/- and if 1/3rd of it is deducted towards his personal expenses, his contribution to the family comes to Rs.12,000/- per annum. Having regard to the age of the deceased as 52 years, if the multiplier of ‘11’ is applied, the loss of estate comes to Rs.1,32,000/-. As per the judgment of the Supreme Court in Sarla Verma v. Delhi Transport Corporation[1], the compensation towards loss of consortium, loss of estate and funeral expenses, in all, shall be not more than Rs.20,000/-. Accordingly, the claimants are awarded a sum of Rs.20,000/- towards loss of consortium, loss of estate and funeral expenses. Therefore, the claimants are entitled to a total compensation of Rs.1,52,000/-. However, I feel it expedient to fix the total compensation at Rs.1,75,000/-, which would be just and reasonable. Accordingly, the Civil Miscellaneous Appeal is allowed in part, reducing the compensation awarded by the Tribunal to Rs.1,75,000/- and the same shall carry interest at the rate of 9% per annum from the date of filing of the petition till the date of realization. Consequently, the Cross- Objections shall stand dismissed. There shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 12th August 2010 dr [1] AIR 2009 SUPREME COURT 3104