THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2120 of 2011 JUDGMENT: The appeal is filed against the award dated 03.09.2004 in M.V.O.P.No.493 of 2002 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, Kakinada questioning the quantum of compensation. The appellants are the parents of the deceased Ganesh, who died in the motor accident on 20.01.2002. According to the case of the petitioners, when the deceased was going in the auto bearing No.AP5X 9525, the lorry bearing No.AIK 1129 came in a rash and negligent manner and dashed against the deceased, as a result of which he died. The deceased was said to be a mechanic earning about Rs.1,500/- per month and the petitioners are the parents and dependants on him. The 1st and 2nd respondents are the driver and owner of the lorry and 3rd respondent is its insurance company. The 4th respondent is the driver of the auto and 5th respondent is its insurance company. After considering the evidence on record, the lower Tribunal held that the deceased died due to rash and negligent driving of the lorry and granted a compensation of Rs.1,13,000/- and held that the respondents 1 to 3 are jointly and severally liable to pay the same. The learned counsel for the appellants contends that the lower Tribunal has not properly considered the earning capacity of the deceased and the loss of dependency. According to him, the deceased was earning nearly Rs.5,000/- but the lower Tribunal has not considered the same. As can be seen from the order of the lower Tribunal, the earning capacity of the deceased was taken as Rs.1,800/- per month and from out of it after deducting one-third, the lower Tribunal opined that the deceased might be contributing about Rs.600/- per month. This is not the proper approach of the Court. From the earning capacity of the deceased at Rs.1,800/-, it appears to be reasonable when there is no other evidence. The deceased being unmarried, half of it has to be taken as contribution to his family and it comes to Rs.900/-. Since the deceased was unmarried, the age of the mother has to be taken into consideration and it is said to be about 42 years and by applying the decision of the Hon’ble Supreme Court reported in SARLA VERMA (SMT) AND OTHERS vs. DELHI TRANSPORT CORPORATION AND ANOTHER[1], the multiplier ‘13’ has to be applied. The total dependency comes to Rs.1,40,400/-. Taking into consideration the loss of estate and non-pecuniary damages, the petitioners are granted a compensation of Rs.1,50,000/- instead of Rs.1,13,000/-, which is granted by the lower Tribunal. The interest shall be at 7.5% per annum instead of 9% per annum granted by the lower Tribunal. Accordingly, the appeal is allowed partly. No costs. ________________________ N.R.L.NAGESWARA RAO, J 21-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2120 of 2011 DATE: 21-09-2011 MR [1] (2009) 6 Supreme Court Cases 121