THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.269 of 2001 Date:05.03.2010 Between: Thokala Chinni Lakshmi and others …Appellant And S.Rambabu and others ….Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.269 of 2001 JUDGMENT: This appeal is filed by the claimants against the award, dated 16.08.1993 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, East Godavari at Rajahmundry in O.P.No.300 of 1989. 2. The appellants/claimants are the legal representatives of the deceased Thokala Chinni Veerraju who died in a motor accident occurred on 20.02.1989. As against the claim of Rs.1,50,000/-, the learned Tribunal awarded compensation of Rs.81,000/-. The appellants being dissatisfied with the said award, preferred this appeal seeking enhancement of compensation. 3. I have heard the learned counsel appearing for the appellants and the respondent No.3/insurance company. 4. The learned Tribunal, as to the version of the appellants that the deceased was labourer earning Rs.900/- per month, considered his income at Rs.27/- per day, arrived at Rs.675/- per month calculating the wages on weekly holiday which approach is erroneous and the Tribunal ought to have accepted the income of the deceased at Rs.900/- per month without making any deductions. It is stated in the claim petition that the deceased was aged 27 years. In the F.I.R. and post mortem report, the age of the deceased was shown as 27 years on the date of his death, and on hypothetical basis, the learned Tribunal took the age of the deceased at 33 years which approach is also erroneous and as rightly contended by the learned counsel appearing for the appellants, the Tribunal ought to have considered the age of the deceased as 27 years. 5. As per decision in SARLA VERMA (SMT) AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER[1] since the number of dependants is 4 to 6, 1/4th has to be deducted towards personal and living expenditure of the deceased. 6. The compensation is required to be computed basing on the above mentioned decision as follows: By taking monthly income of the deceased at Rs.900/- and after deducting 1/4th i.e. Rs.195/-, the contribution to the family comes to Rs.675/- per month and by applying relevant multiplier 17, the loss of dependency comes to Rs.675/- x 12 x 17 = Rs.1,37,700/- . This apart, the widow of the deceased is entitled for a sum of Rs.10,000/- towards loss of consortium. The appellants are further entitled to a sum of Rs.5,000/- towards funeral expenses and also a sum of Rs.5,000/- towards loss of estate. In all, the appellants are entitled to a sum of Rs.1,57,700/- as compensation. The enhancement, therefore, would be Rs.76,700/-(Rs.1,57,700/- minus Rs.81,000/-). The enhanced compensation shall carry interest @ 6% per annum from the date of petition till realization. 7. Accordingly, the appeal is partly allowed. There shall be no order as costs. _______________ R. KANTHA RAO, J Date:05.03.2010 CCM THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.269 of 2001 Date:05.03.2010 [1] (2009) 6 SCC 121