HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1326 of 2003 ORAL JUDGMENT: Heard both sides. 2. Not satisfied with the quantum of compensation awarded by II Additional Chief Judge, City Civil Court-cum-Motor Accident Claims Tribunal, Hyderabad (for brevity “the Tribunal”), in O.P.No.444 of 2001, by order and decree, dated 18.10.2002, wherein and whereunder a sum of Rs.4,32,408/- was awarded as compensation for the death of one Chennakesavulu in a road accident that occurred on 08.02.2001, the claimants filed the present Civil Miscellaneous Appeal. 3. The particulars as regards the manner and method in which the accident occurred, the aspect of rash and negligence on the part of the driver of the offending vehicle, etc., are not in dispute and hence, they are not referred to. 4. The points that fall for consideration, in this appeal, are (1) Whether the quantum of compensation awarded by the Tribunal is just and reasonable? (2) What is the correct multiplier to be applied? (3) What is the appropriate rate of interest to be granted on the amount of compensation? 5. POINT No.1: The Tribunal had taken into consideration the income of the deceased at Rs.6,272/-per month and accordingly, awarded the compensation. But, unfortunately, absolutely, there is no evidence with regard to the income of the deceased. Despite an opportunity being given to the learned counsel for the appellant by this Court to get the particulars regarding the salary of the deceased, no such information is forthcoming. Hence, I am of the view that it is not the gross salary of the deceased that should be taken into account, but only such amount that the deceased would have received after the statutory deductions. Even in that regard also, there is no sufficient information. Therefore, I feel it expedient to fix such deductions as Rs.1,000/- on notional basis, in which event, the monthly income of the deceased would comes to Rs.5,272/-. 6. POINT No.2: As regards the application of multiplier, as per the judgment of the Supreme Court in Sarla Verma v. Delhi Transport Corporation[1], having regard to the age of the deceased, multiplier ‘13’ is to be applied, whereas the Tribunal had applied the multiplier ‘8’. If the loss of dependency is calculated by applying the multiplier ‘13’ the compensation under the said head comes to Rs.5,48,287/-. In addition to the said sum, the claimants are entitled to a sum of Rs.20,000/- as compensation towards loss of love and affection, loss of consortium and funeral expenses. In all, the claimants are entitled to total sum of Rs.5,68,287/- as compensation. 7. POINT No.3: As regards the interest, again, we have to fall back upon Sarla Verma’s case (1 supra), wherein it was mentioned that ‘6% per annum’ is the reasonable rate of interest that can be awarded on the compensation. Hence, the rate of interest awarded by the Tribunal is reduced from 9% per annum to 6% per annum. 8. In the result, the Civil Miscellaneous Appeal is allowed in part, to the extent indicated above. The appellants-claimants are entitled to a total compensation of Rs.5,68,287/- together with interest at the rate of 6% per annum from the date of filing of the said O.P. till the date of realization. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 26th August 2010 dr [1] AIR 2009 SC 3104