HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1729 of 2008 Date: 07-7-2011 Between Kongonda Madhavi and 2 others … Appellants/Petitioners and Ch.Ratna Babu and 2 others … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1729 of 2008 Judgment: Being aggrieved by the order and decree dated 05-5-2005 in M.V.O.P.No.153 of 2002 on the file of the Motor Vehicles Accidents Claims Tribunal cum V Additional District Judge, Vijayawada, Krishna district the present civil miscellaneous appeal is filed by the appellants-claimants. 2. The appellants herein, who are the wife and two minor children of the deceased Kongonda Yadagiri Chandra Mohan, filed M.V.O.P.No.153 of 2002 claiming compensation of Rs.8,00,000/- for the death of the deceased in a road traffic accident that occurred on 07-6-2001. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.3,65,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimants seeking enhancement of compensation. 3. Learned counsel for the appellants-claimants mainly urged that the tribunal below has not taken into consideration the gross income of the deceased but taken the net income while arriving at the income of the deceased, which is erroneous. He further urged that the tribunal below wrongly applied the multiplier ‘10.45’ instead of ‘14’ and placed reliance on the judgment of the apex Court in SARLA VERMA v. DTC[1]. 4. Now, the point for consideration is -- whether the appellants- claimants are entitled for enhancement of compensation ? 5 . Point:- As seen from the impugned order, the factum of accident is not disputed. In proof of the earnings of the deceased that he was drawing monthly salary of Rs.6,351/-, the appellants produced Ex.A-6 Salary Certificate. According to P.W.3, the deceased was getting net income of Rs.4,100/- per month after all the deductions. The tribunal below while placing reliance on the judgments in Susheela v. Ahmad Bi (2003 ACJ 1427) and Smt. A.Lakshmi v. Arjun Associates Pvt. Ltd. (2004 (4) ALD 618) had taken into consideration the net income of the deceased and awarded compensation. 6. However, the tribunal below instead of applying the multiplier ‘14’, applied the multiplier ‘10.45’ as per the judgment in Bhagawan Das v. Mohd. Arif (1987(2) ALT 137), the same is to be modified. While applying the multiplier ‘14’ as laid down in SARLA VERMA‘s case (supra) the compensation is arrived at Rs.4,59,200/-. In addition to that, an amount of Rs.10,000/- towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.2,000/- towards funeral expenses awarded by the tribunal below are sustainable. Thus, in total, the petitioners are awarded compensation of Rs.4,81,200/-, which can be rounded of to Rs.4,82,000/- (Rupees four lakhs and eighty two thousand only). 7. With this modification, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.3,65,000/- to Rs.4,82,000/- (Rupees four lakhs and eighty two thousand only) while confirming the order of the tribunal below granting interest at the rate of 9% per annum from the date of petition till realization on the award of compensation granted by the tribunal below, interest at the rate of 6% per annum is granted on the enhanced compensation from the date of petition till realization. No costs. ___________________ K.S.APPA RAO, J. 07th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1729 of 2008 07th July, 2011. [1] (2009) 6 SCC 121