HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD L.P.A.No. 61 of 2002 Date: 02-02-2011 Between: New India Assurance Co. Ltd. ……… Appellant and K. Thimmaraju and another ……….. Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD L.P.A.No. 61 of 2002 ORDER: (Per PDP, J) This Appeal under Clause 15 of the Letter Patent arises out of the judgment passed by a learned single Judge of this Court in A.A.O.No.454 of 1997, dated 11-12-2001. The insurance company-appellant herein filed the said Appeal questioning the quantum of compensation awarded by the Tribunal in the O.P. filed by the claimants with regard to a motor accident. There is no dispute with regard to the dependency of the claimants and the only dispute is with regard to the multiplier that is to be applied and arriving at the just compensation. The Tribunal has applied multiplier 7.68 to the age of the deceased at 50 years and assessed the loss of earnings as Rs.36,864/-, and awarded the total compensation of Rs.53,400/-. On Appeal filed by the insurance company, the learned single Judge by relying upon a decision of the Division Bench of this Court in A.P.S.R.T.C. v. PATAN SHAMSHAD BEGUM [1], has fixed the multiplier as ‘12’ and enhanced the compensation to Rs.87,600/- from Rs.53,400/-. However, the claimants have not filed any Appeal against the award passed by the Tribunal for enhancement of the compensation. When there is no Appeal filed by the claimant for enhancement, even though the multiplier applied by the Tribunal is not proper, the learned single Judge ought not have enhanced the compensation in an Appeal filed by the insurance company. Therefore, in the circumstances, we hold that the learned single Judge has committed error in enhancing the compensation in an Appeal filed by the Insurance Company. Hence, the Appeal is allowed. The judgment of the learned single Judge to the extent of enhancing the compensation to Rs.87,600/- from Rs.53,400/- is set aside. The compensation awarded by the Tribunal stands confirmed. No order as to costs. _________________ B. PRAKASH RAO, J __________________ P. DURGA PRASAD, J Date: 02-02-2011 YCR [1] 2001 (1) ALT 117