HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No. 1205 of 2003 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 17.10.2002 passed by the Chairman, Motor Accidents Claimants Tribunal cum I Additional District Judge, Nellore (for short ‘the Tribunal’) in OP No. 703 of 1999 filed by the appellants-claimants claiming compensation of Rs. 10,00,000/- for the death of one Sri Kotha Manga Reddy aged 33 years in a motor accident occurred on 3.6.1998 when he was going along with his wife on his Hero Honda bearing No. AP 36 D 6615 towards Hyderabad side one lorry bearing No. AP-7-T 1922 driven by its driver in a rash and negligent manner with high speed dashed against the Hero Honda of the deceased as a result of which, the wife of deceased was thrown out to a distant place of the road and the Hero Honda along with the deceased was dragged by the lorry from that place to some distance and then the lorry turned turtle and the body of the deceased was cut into two separate pieces and the said motor cycle of the deceased was completely damaged beyond repairs. First respondent –owner of the lorry remained ex parte and the second respondent-National Insurance Company field counter denying the allegations made in the petition 2. The Tribunal having held that the accident occurred due to rash and negligent driving of the driver of the lorry , and taking into consideration the evidence of PW 1, wife of the deceased that she spent Rs. 50,000/- towards medical expenses in Yashoda Hosptial and that her husband’s age was 32 years at the time of accident and taking into consideration of Ex. A-10, gross salary of the deceased was Rs.5,060/- and after deducting 1/3rd towards personal expenses from the total salary comes to Rs. 3,373 /- per month and per annum it comes to Rs. 40,476/- and after applying the suitable multiplier 14.81 the compensation payable comes to Rs. 5,99,449/- and it rounded off to Rs. 5, 99,000/-. The Tribunal also granted Rs. 15,000/- towards loss of consortium and Rs. 2,000/- towards funeral expenses totaling Rs. 6,16,000/- with interest at 9% from the date of petition till the date of payment. Aggrieved by the same, the claimants filed the present Civil Miscellaneous Appeal. 3. The learned counsel appearing for the claimants contended that the Tribunal ought to have awarded compensation of Rs. 10,00,000/- as claimed and ought to have taken the age of the deceased as 32 years instead of 35 years. He also contended that the Tribunal erred in taking the multiplier of 14.81 in calculating the compensation as the age of the deceased was below 35 years and the correct multiplier applicable would be 16.51. 4. Heard the learned counsel appearing for the claimants and also perused the entire material made available on record. 5. As seen from the record, it is no doubt true that due to rash and negligent driving of the lorry bearing No. AP7 T 1922 by its driver, accident occurred and due to which the deceased was cut into two separate pieces. The deceased was hale and healthy and was a Government Teacher in Primary School, Keemlahanda, Thorror Mandal, and was drawing a sum of Rs. 5,500/- per month. As per Ex. A-8 which is certified copy of post mortem report, the approximate age of the deceased is mentioned as 35 years. Hence, as per the judgment of the Supreme Court reported in SARALA VERMA AND TOEHRS VS DELHI TRANSPORT CORPORATION AND ANOTHER[1], the appropriate multiplier for the age of 35 years is ‘16’. As per Ex. A-10, the gross salary of the deceased was Rs. 5060/- and after deducting 1/3rd towards personal expenses, the amount comes to Rs. 3,373/- per month and per annum it comes to Rs.40,476/- and the relevant multiplier if applied the amount comes to Rs. 6,47,616/- (40,476 x 16). An amount of Rs. 10,000/- is granted towards loss of estate and Rs. 10,000/- towards love and affection. The amount of Rs. 15,000/- granted by the Tribunal towards consortium and Rs. 2,000 towards funeral expenses , in my considered view, need not be interfered with. Now the total compensation granted comes to Rs. 6,84,616/- (6,47,616 +10,000+10,000+15,000+2,000) . 6. Accordingly, this appeal filed by the claimants is allowed enhancing the compensation granted by the Tribunal from Rs. 6,16,000/- to Rs.6,84,616/-. As far as the interest is concerned, the rate of interest granted by the Tribunal at 9% per annum is reduced to 7% per annum. There shall be no order as to costs. _____________________ GHULAM MOHAMMED, J Date : 12.8.2010 KA [1] 2009 (6) SCALE 129