THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A No.2373 of 2007 and Cross objections (SR) No.5637 of 2009. ORDER: (per the Hon’ble Sri Justice P.Durga Prasad) The M.A.C.M.A.No.2373 of 2007 is filed at the instance of the Insurance Company directed against the award passed in M.V.O.P.No.347 of 2003 dated 12.07.2005 by the Motor Accidents Claims Tribunal - cum – III Additional District Judge, Kurnool at Nandyal. The claimants have filed cross objections. The claimants have filed petition claiming compensation of Rs.12,00,000/- for the death of M.Nagi Reddy, husband of the 1st claimant, father of 2nd claimant and son of claimant Nos.3 and 4. According to them, the deceased died in a motor vehicle accident on 30.11.2002 near Krishna Reddy Poultry farm in between Shamshabad and Narkhoda village while traveling in an auto bearing No.AP 28U 9386. The Insurance Company has opposed the application by denying the allegations made in the petition and putting the petitioners to strict proof of the same. They also disputed about the age and income of the deceased and the quantum of compensation claimed by them. On the above pleadings, the Tribunal has framed the following issues: (1) Whether the accident occurred due to rash and negligent driving of Auto bearing No.AP 28U 9386 resulting in death of M.Nagi Reddy? (2) Whether the petitioners are entitled for compensation and if so, to what amount and from which of the respondents? (3) To what relief? The 1st petitioner examined herself as P.W.1 and also examined P.W.2 eyewitness to the accident and got marked Exs.A.1 to A.8. On behalf of the Insurances Company, R.W.1 is examined and got marked Ex.B.1 insurance policy. Taking into consideration of the said oral and documentary evidence, the Tribunal has held issue No.1 in favour of the petitioners holding that the accident was occurred due to rash and negligent driving of the driver of the auto bearing No.AP 28U 9386. With regard to issue No.2 Tribunal awarded compensation of Rs.8,71,184/-, which includes loss of dependency of Rs.8,51,184/- and Rs.10,000/- towards loss of love and affection and Rs.10,000/- towards loss of consortium. Aggrieved by the said award and decree, the Insurance Company has filed the appeal and the claimants have filed cross objections. Learned counsel for Insurance Company has pleaded that the multiplier applied by the tribunal ‘18’ is not correct as per the decision rendered in “Smt. Sarla Verma and others v. Delhi Transport Corporation and another (2009 AIR SCW 4992)” and the quantum of compensation awarded by the Tribunal is highly excessive. Learned Counsel for claimants, on the other hand, has supported the applying multiplier of ‘18’ and he pleaded that the future prospects were not taken into consideration by the Tribunal and as the deceased is a Police Constable, the petitioners are entitled for 50% of his income towards his future prospects. The Insurance Company has not disputed about the annual earnings of the deceased at Rs.70,932/- as taken by the Tribunal. As the deceased is working as police constable, the petitioners are entitled for some amount towards future prospects in life as per Smt.Sarla Verma’s case (referred supra). The deceased was aged below 40 years as on the date of the accident, the petitioners are entitled for 50% of the annual income towards future prospects. Thus total income of the deceased comes to Rs.1,06,398/- (Rs.70,932 + Rs.35,466). Since the claimants are the wife, son and parents of the deceased, 1/3rd has to be deducted towards personal expenses of the deceased. Thus, the total loss of dependency of the claimants comes to Rs.70,932/- (Rs.1,06,398 – Rs.35,466). Since the deceased crossed 30 years as on the date of the accident, the proper multiplier is ‘16’, as such the claimants are entitled for total compensation of Rs.11,34,912/-(Rs.70,932 X 16 = 11,34,912/-) Apart from that, the Tribunal awarded Rs.10,000/- towards loss of consortium and another sum of Rs.10,000/- towards loss of love and affection, we do not want to interfere with the same. Hence, the claimants are entitled for total compensation of Rs.11,54,912/- with interest at 6% P.A. on the enhanced amount. In the result, the M.A.C.M.A.No.2373 of 2007 is dismissed. The cross-objections (SR) No.5637 of 2009 filed the claimants are partly allowed and the compensation awarded by the Tribunal is enhanced to Rs.11,54,912/- from Rs.8,71,184/- with interest at 6% P.A. on the enhanced amount from the date of filing of the petition till the date of realization. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:30-08-2011 Ksp