THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIAL MISCELLANEOUS APPEAL No.292 of 2008 Being aggrieved by the Judgment and Order dated 20.06.2007 passed in M.V.O.P.No.168 of 2006 on the file of Motor Accidents Claims Tribunal – cum – District Judge, Khammam, the present Civil Miscellaneous Appeal is filed. 2. The learned counsel for the appellants/claimants urged that the lower Court granted very meagre compensation while arriving the figure of Rs.15,000/- per annum as income, which is erroneous and requested for enhancement of compensation. 3. Now, the point for consideration is: Whether the Order of the lower Court is sustainable? P O I N T: 4. The claimants herein are the legal representatives of the deceased Pittala Arjaiah, aged 55 years. The manner in which the accident occurred was not disputed. The petitioners claiming compensation of Rs.2,50,000/- contending that they are dependents on the earnings of the deceased. According to P.W.1, the deceased is an electrician, except P.W.1 none others were examined before the Tribunal below. No evidence was adduced in proof of the earnings of the deceased. Though there is no evidence regarding the earnings of the deceased, the earning capacity of the deceased can be taken as Rs.2,400/- per month i.e. Rs.80/- per day. The annual income would be Rs.28,800/-. If 1/3rd is deducted from the income of the deceased towards personal expenses, the total contribution of the deceased to the petitioners comes to Rs.19,200/- per month. (Rs.28,800-Rs.9,600 = Rs.19,200/-). Taking into consideration the age of the deceased, it can be said that the appropriate multiplier can be applied in this case is ‘11’. If the multiplier ‘11’ is applied, the dependency of the petitioners comes to Rs.2,11,200/-, the petitioners are also granted an amount of Rs.10,000/- towards loss of consortium and Rs.2,000/- towards funeral expenses. In total the petitioners are entitled to Rs.2,23,200/-, but the rate of interest is 6% P.A. 5. In the result, the Civil Miscellaneous Appeal is allowed in part with the above said modification. There shall be no order as to costs. ____________________ K.S.APPA RAO, J 23rd March, 2011 KSP