THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL MISCELLANEOUS APPEAL No.2868 of 2003 Date:18.11.2010 Between: Mitta Gattaiah and others ..... Appellants AND The National Insurance Co., Ltd., .....Respondent Counsel for the Appellants: Sri M. Ramgopal Reddy Counsel for Respondent: None appeared The Court made the following: ORDER: This Civil Miscellaneous Appeal arises out of the award dated 02.05.2003 in O.P.No.58 of 2002 on the file of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-II Additional District Judge, Karimnagar (for short ‘the Tribunal’). The claimant in the said O.P. filed this appeal dissatisfied with the quantum of compensation awarded by the Tribunal for the death of his son in a motor accident. At the hearing, there is no representation for the appellant. None appeared for the respondents despite service of notice. As this appeal involves the issue relating to the quantum of compensation, it is not necessary to refer to the facts relating to the other aspects. On the basis of the evidence available on record, the Tribunal has come to the conclusion that the deceased was earning Rs.1,650/- per month. The Tribunal has taken 1/3rd of the income of the deceased as contribution to the family as he was a bachelor at the time of his death and has applied the multiplier of ‘5’. In Sarla Verma vs. Delhi Transport Corporation[1], the Supreme Court held that where the deceased was a bachelor, normally 50% is deducted as personal and living expenses. Therefore, the Tribunal ought to have taken Rs.825/- as the contribution to the family by the deceased. As regards the multiplier, in Sarla Verma (supra), the Supreme Court has held that when a person is aged between 61 and 65 years, the appropriate multiplier is ‘7’. The Tribunal has, however, taken ‘5’ as multiplier. The award of the Tribunal is therefore modified by directing that the appellant is entitled to compensation by taking the loss of income at Rs.825/- per month and applying the multiplier of ‘7’ instead of ‘5’. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of the claim petition till the payment. Subject to the above modification, the Civil Miscellaneous Appeal is partly allowed. ________________________ C.V.NAGARJUNA REDDY, J 18th November, 2010 GHN [1] 2009(3) ALD 83 (SC)