IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.2019 OF 2010 Between: The Branch Manager. .....APPELLANT AND Gunapati Venka Reddy and others. ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.2019 OF 2010 JUDGMENT: This M.A.C.M.A., under Section 173 of the Motor Vehicles Act, 1988, (for short, “the Act”), is directed against the order and decree, dated 12.10.2010, in M.V.O.P.No.22 of 2010, on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Ongole, whereunder and whereby, the petition, filed under Section 166 of the Act, claiming compensation of Rs.10,00,000/- for the death Gunapathi Mahendra Reddy @ Venkata Mahendra in a road accident, was partly allowed granting compensation of Rs.4,02,000/- 2. Heard the learned counsel for the petitioner. Though served, none appears for respondent Nos.1 to R.3 and R.5. 3. The factual matrix is not in dispute. The only point that arises for consideration in this appeal is whether the Tribunal is correct in estimating the compensation to the dependents of the deceased who was admittedly unmarried boy and whether it is 1/3rd or 50% that has to be deducted towards the personal expenses of the deceased. This point has been decided in a decision reported in SARLA VARMA AND OTHERS V DELHI TRANSPORT CORPORATION AND ANOTHER[1], whereunder in case of death of an unmarried person, the personal expenses to the extent of 50% of the income of the deceased has to be deducted and the remaining 50% has to be taken into consideration for the purpose of determining the loss of dependency. In view of the said decision, there is no dispute with regard to income of the deceased. The Tribunal has taken Rs.36,000/- per annum as the income of the deceased. If 50% of the amount is taken out, the contribution to the family is Rs.18000/- per annum. The suitable multiplier applicable to the age of the deceased is ‘16’. If that is taken into consideration, loss of dependency comes to Rs.2,88,000/- (16 x 18000) in stead of Rs.3,84,000/-, besides Rs.10,000/- towards loss of estate and Rs.3000/- towards funeral expenses. Therefore, the claimants are entitled to a compensation of Rs.3,01,000/- which is entitled to be withdrawn by petitioner Nos.1 and 2 equally. 4. Accordingly, the M.A.C.M.A. is allowed. There shall be no order as to costs. _______________ K.C. BHANU, J MARCH 08, 2011 YVL [1] 2009 ACJ 1298