HONOURABLE SRI JUSTICE B.N.RAO NALLA C.M.A. No.516 OF 2003 Dated 03-12-2010 Between: New India Assurance Company Limited, having its Branch Office, at Nellore. …Appellant. And: Kilari Vijayamma and others. …Respondents. HONOURABLE SRI JUSTICE B.N.RAO NALLA C.M.A. No.516 OF 2003 JUDGMENT: Aggrieved by the orders dated 17-6-2002 passed in O.P.No.53 of 1999 on the file of the Motor Accidents Claims Tribunal, Nellore, the 2nd respondent- New India Assurance Company Limited therein filed this appeal contending that the lower Tribunal has committed error in deducting 1/3rd of the monthly earnings of Rs.1,000/- towards his personal expenses, though he was a bachelor instead of deducting 50% and in applying the multiplier ‘15’ instead of ‘14’ as the mother of the deceased was aged 42 years at the time of accident. Thus, it has awarded total compensation of Rs.1,25,500/-with interest @ 9% per ann um. 2. There was no representation on previous occasion on behalf of the respondents and as such the matter was posted for orders to today and today also, there is no representation on their behalf. 3. Only two grounds are urged on behalf of the appellant-Insurance Company. As already stated herein above, i.e., the lower Tribunal erred in deducting 1/3rd only from the monthly earnings from the deceased towards his personal expenses instead of deducting 50% of his monthly earnings as per the decision reported in SARALA VARMA & OTHERS v. DELHI TRANSPORT CORPORATION & ANOTHER [1] and the second ground raised in the appeal is that, though, the mother of the deceased was aged 42 years, the lower Tribunal erroneously applied multiplier ‘15’ whereas the appropriate multiplier for a person aged between 41 to 45 is ‘14’ as per the aforesaid decision. Therefore, it is submitted that in the circumstances, the appeal may be allowed rectifying/modifying the error committed by the lower Tribunal. 4. Taking into consideration the decision in the aforesaid case, the monthly income of the deceased is taken as Rs.1,000/- as was taken by the lower Tribunal and when 50% is deducted therefrom, the monthly income of the deceased would come to Rs.500/- and per annum it comes to Rs,.6,000/-. When multiplied by appropriate multiplier ‘14’, the annual loss of dependency to the respondents/claimants on account of the death of the deceased comes to Rs.84,000/. The lower Tribunal has awarded Rs.2,000/- towards funeral expenses and Rs.2,500/- towards loss of estate and Rs.1,000/- towards transportation. However, as per the decision reported in the above case, the respondents/claimants are entitled to receive an amount of Rs.5,000/- towards funeral expenses and another Rs.5,000/- towards loss of estate. Therefore, they are held to be entitled to receive the same besides Rs.1,000/- towards transportation as already been awarded by the lower Tribunal. Thus, the respondents/claimants are held to be entitled to claim a total compensation of Rs.95,000/-(Rupees Ninty five thousand) only i.e. Rs.84,000/-towards loss of dependency, Rs.5,000/-towards loss of estate, Rs.5,000/-towards funeral charges and Rs.1,000/- towards transportation, with interest @ 7.5% per annum. 5. With this modification, the C.M.A. is disposed of. No order as to costs. ___________________________ Justice B.N.RAO NALLA Date 3 -12-2010. Stp/Dvs HONOURABLE SRI JUSTICE B.N.RAO NALLA C.M.A. No.516 OF 2003 Dated -11-2010 [1] (2009) 6 SCC 121