IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE NINTEENTH (19TH) DAY OF DECEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.3218 of 2008 Between: Raja Shekar Shilvanth & another … Appellants And: A. Srinivas & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.3218 of 2008 JUDGMENT: This appeal is directed against the order dated 22.08.2005 in OP No.1666 of 2003 on the file of the MACT cum X Additional Chief Judge, City Civil Court, Hyderabad, wherein the said claim application filed by the appellants herein for compensation for the death of their mother deceased-Sarala Shilvanth, was allowed, awarding compensation of Rs.95,000/- with interest at 9% 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.1,00,000/- for the death of their mother in the motor vehicle accident that occurred on 13.10.2002. According to the claimants, on that day, the deceased along with other family members, was proceeding in Tata Sumo bearing No.AP 28 V 1124 from Malakpet, Hyderabad to Shiridi and on the way, at the outskirts of Pandaripur, on account of rash and negligent driving of the vehicle by its driver, dashed against a tree on the road side, resulting in death of the deceased and injuries to several others. According to the claimants, the deceased was aged 56 years and was a house-wife. 4. The owner of the Tata Sumo remained ex-parte. The insurer filed counter, opposing the claim and denying their liability to pay the compensation. 5. During the trial, PW.1 was examined and Exs.A.1 to A.7 were marked on behalf of the claimants and RW.1 was examined and Exs.B.1 to B.3 were marked on behalf of the 2nd respondent- insurer. 6. On a consideration of the evidence available on record, the Tribunal held that the accident occurred on account of the rash and negligent driving of the Tata Sumo by its driver. The said finding is not challenged by the 2nd respondent-insurer by filing any appeal. The Tribunal further held that the claimants are entitled for compensation of Rs.95,000/- with interest at 9% per annum from the date of petition. Not satisfied with the said appeal, the claimants preferred the present appeal. 7. Though the appellants claimed Rs.1,00,000/- before the Tribunal, they are permitted to amend the claim to a tune of Rs.5,00,000/- by virtue of orders dated 19.12.2011 passed in MA CMA MP No.4900 of 2011. 8. The only contention raised by the learned counsel for the appellants is that the Tribunal erred in taking the notional income of the deceased at Rs.15,000/- per year and the Tribunal also applied lesser multiplier of ‘8’. 9. It is not disputed that the deceased was aged 56 years and was a house wife. The Tribunal has taken the income of the deceased at Rs.1250/- per month and Rs.15,000/- per year and deducting 1/3rd towards expenses, estimated the contribution to the family at Rs.833/- per month per month i.e., Rs.10,000/- per year. Learned counsel for the appellants would rely upon the decision of the apex Court in ‘Arun Kumar Agrawal v. National Insurance Company Limited[1]’, wherein the apex Court has taken the value of the services of the deceased to the family at Rs.5,000/- per month. In the above case, the deceased was aged 36 years and left behind a minor child. 10. In the present case, the deceased was aged 56 years and both appellants are major children, aged 25 and 22 years respectively. The domestic help and services that would have required for a minor child from their mother cannot be equated to the assistance for the appellants, who are grown up children from their mother-deceased. Having regard to the age of the deceased and also age of the claimants, it is considered that the value of domestic help for the services of the deceased to the family can be estimated at Rs.2000/- per month or Rs24,000/- per annum. The question of deducting any amount towards personal expenses does not arise, as the above amount does not reflect the income of the deceased, but is only the value of the domestic help and services and the loss of love and affection. As per the decision of the Apex Court in Sarla Verma’s case [(2009)6 SCC 121], the appropriate multiplier for a person aged 56 years is ‘9’. Applying the same, the loss of dependency works out to Rs.2,16,000/- [Rs.24,000/- x 9]. As per the above decision, the claimants are also entitled for a sum of Rs.5,000/- towards loss of estate, Rs.5,000/- towards funeral expenses. Thus, the claimants in all are entitled for a total compensation of Rs.2,26,000/- with interest at 9% per annum from the date of petition, on the original amount and at the rate of 6% per annum from the date of filing of the enhancement petition i.e., 14.11.2011, till the date of realization. The impugned order is modified accordingly. 11. In the result, the appeal is allowed to the extent stated above. No costs. __________________ G.V.SEETHAPATHY, J Date: 19.12.2011 bss [1] (2010) 9 SCC 218