IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE FOURTEENTH (14TH) DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.1890 of 2011 Between: Padala Raghavendramma & others … Appellants And: Nallamothu Srinivasa Rao & another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.1890 of 2011 JUDGMENT: This appeal is directed against the order dated 21.12.2009 in MV OP No.535 of 2007 on the file of the MACT cum I Additional District Judge, Guntur, wherein the said claim application filed by the present appellants, under Section 166 of the Motor Vehicles Act, was allowed in part, awarding compensation of Rs.5,06,068/- with interest at 7.5% per annum from the date of petition. 2. Heard both sides. Perused the record. 3. The appellants herein filed claim application seeking compensation of Rs.12,00,000/- for the death of the deceased Venugopal, who died in a motor vehicle accident that occurred on 19.03.2008. The first claimant is the wife and the claimants 2 and 3 are minor children of the deceased Venugopal. According to them, on that day, the deceased along with his brother-Murali, was going on a motor cycle to Guntur from Bapatla and at about 11.30 p.m. when they reached near NH-5 bye-pass road at Budampadu village, lorry bearing No.AP 16 TT 9168 driven in a rash and negligent manner by its driver, dashed against the motor cycle, resulting in the death of the deceased on the spot. A case in Cr.No.61 of 2008 was registered by Guntur Rural PS against the driver of the lorry. It is further pleaded that the deceased was aged 38 yeas and was working as a clerk in Bapatla Urban Cooperative Bank and was earning more than Rs.5000/- per month. 4. The first respondent owner of the lorry remained ex- parte. The 2nd respondent filed counter, opposing the claim and denying their liability to pay the compensation. During enquiry, PWs.1 to 3 were examined and Exs.A.1 to A.8 and Exs.X.1 and X.2 were marked on behalf of the claimants. No oral or documentary evidence was adduced by the respondents. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred on account of the rash and negligent driving by its driver. The said finding is not challenged, as no appeal is filed by the insurer. The Tribunal awarded a sum of Rs.5,06,068/- towards compensation. Not satisfied with the award, the claimants preferred the present appeal. 6. The only contention raised by the learned counsel for the appellants is that the Tribunal erred in taking the income of the deceased only at Rs.5586/- and applying the multiplier ‘12’ instead of ‘15’. Ex.A.7 is the SSC certificate and Ex.A.8 driving licence of the deceased, would show his date of birth as 10.11.1970. Thus the deceased was aged 38 years by the date of the accident i.e.,19.03.2008. It is not disputed that the deceased was working as a clerk on a regular basis in Bapatla Cooperative Urban Bank. Ex.A.1 salary certificate shows that the deceased was drawing a gross salary of Rs.5534/-. Ex.X.2 is the certified copy of the acquittance register for the month of February 2008. The gross of the deceased was Rs.5,586.59. Out of the said amount, a sum of Rs.615/- towards recovery of PF loan, Rs.500/- for recovery of festival advance and Rs.60/- towards professional tax, making up of a total of Rs.1175/- are to be deducted. Thus the net salary of the deceased come to Rs.4412/-. Deducting 1/3rd thereof towards personal expenses of the deceased (Rs.4421/- - 1/3rd Rs.1470/- = Rs.2941/-), the contribution of the deceased to the family would come to Rs.2941/- per month. As per the decision of the apex Court in Sarla Verma’s case [(2009)6 SCC 121], the claimants are entitled to claim towards future prospects of the deceased at the rate of 50% of the actual salary. Total contribution of the deceased to the family including the future prospects would come to Rs.4411/- (Rs.2941/-+ Rs.1470/- 50%) per month and Rs.52,932/- (Rs.4411/- x 12) per annum. As the deceased was aged 38 years, the appropriate multiplier applicable to the age of the deceased as per the Sarla Verma’s case would be ‘15’. Applying the same, the loss of dependency works to Rs.7,93,980/- (Rs.52,932 /- x 15). The claimants are also held entitled for a sum of Rs.5,000/- towards loss of estate, Rs.5,000/- towards funeral expenses. The first claimant is entitled for a sum of Rs.10,000/- towards loss of consortium. Thus the claimants are entitled for a sum of Rs.8,13,980/-, rounded to Rs.8,14,000/- towards compensation. The claimants are entitled for interest at 7.5% per annum on the original amount from the date of petition, and at the rate of 6% per annum on the enhanced amount from the date of appeal, till the date of realization. 7. In the result, the appeal is allowed to the extent stated above. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 14.11.2011 bss