THE HON’BLE SRI JUSTICE R. KANTHA RAO CMA No.2755 of 2000 Date : 19.1.2010 Between: Anukuri Kistamma and others. Appellants And K.Ram Reddy and another Respondent THE HON’BLE SRI JUSTICE R. KANTHA RAO CMA No.2755 of 2000 JUDGMENT: This is an appeal preferred by the claimants questioning the quantum of compensation on the ground that it is not adequate and deserves to be enhanced. I have heard the learned counsel appearing for the appellants/claimants and the learned counsel appearing for the 2nd respondent-Insurance Company. The deceased Narsaiah was a labourer aged about 45 years on the date of accident, which occurred on 22.4.1996. The said facts are not in dispute. Considering the oral evidence of the 1st appellant, who is the widow of the deceased, examined as P.W.1, the learned Tribunal fixed the income of the deceased notionally at Rs.1500/- per month, which being reasonable does not require any interference in this appeal. However, the accident occurred subsequent to the amended Act of 1994 and in my considered view, the Tribunal went wrong in applying the multiplier ‘11’ basing on the judgment in Bhagawandas vs. Mohd.Arif[1]. Recently, the Apex Court in Sarala Varma and others vs. Delhi Transport Corporation and another[2] in order to avoid conflicting judgments regarding selection of multiplier, has held that the aspects involved in computing the compensation basing on multiplier method furnished a table apart from issuing other guidelines. As per the said judgment multiplier ‘14’ is to be applied. In the present case since the deceased was aged 45 years on the date of his death as rightly held by the learned Tribunal, 1/3rd has to be deducted towards the personal expenses and contribution to his family @ Rs.1,000/-. To arrive at the loss of dependency the annual contribution of Rs.12,000/- has to be capitalized with multiplier ‘14’. Then the amount comes to Rs.12,000 X ‘14’ = 1,68,000/-. This apart the 1st appellant who is the widow of the deceased is entitled for a sum of Rs.10,000/- towards loss of consortium and the claimants are entitled for a sum of Rs.5,000/- towards funeral expenses and a further sum of Rs.5,000/- towards loss of estate. The enhancement therefore, would be Rs.39,000/-. The enhanced compensation of Rs.39,000/- shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. In the result, with the above enhancement in the compensation the appeal is partly allowed. There shall be no order as to costs. _________________________ JUSTICE R. KANTHA RAO Date: 19.01.2010 mrb [1] 1987 (2) ALT 137 [2] 2009 ACJ 1298