THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2804 of 2003 JUDGMENT: Having aggrieved by the judgment and decree dated 31.12.2002 in O.P.No.453 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Court, Vizianagaram, the present appeal is filed mainly urging that the Tribunal erred in awarding the compensation against the claim and that the Tribunal ought to have applied multiplier of ‘11’ instead of ‘10’ pursuant to the age of the deceased and that the Tribunal failed to consider the future income of the deceased while computing grant of compensation. Now the point for consideration is whether the petitioners are entitled for enhancement of compensation. The Tribunal held issue No.2 that the annual income of the deceased Gundapu Venkata Rao @ would be Rs.80,280/- while taking into consideration the evidence of PW.2 as per Ex.A.6 the salary certificate of the deceased. The same was not disputed by the respondents’ counsel. The appellants’ counsel mainly placed reliance on the decision reported in Sarla Verma and others v Delhi Transport Corporation and another[1] and urged that multiplier applied by the Tribunal is not correct. As seen from the judgment, it is noted that the multiplier to be applied to the deceased persons aged between 51 to 55 is ‘11’. Admittedly, the deceased being aged about 52 years, the Tribunal applied the multiplier ‘10’ instead of ‘11’. The total income of the deceased was assessed at Rs.80,280/-. Out of total income of Rs.80,280/-, the contribution to the family of the deceased would be at Rs.53,520/- per annum, in case 1/3rd is deducted towards personal expenses of the deceased. Therefore, the compensation payable to the petitioner under the head of ‘loss of dependency’ is fixed at Rs.53,520 X 11 = Rs.5,88,720/-. But the Tribunal under the head of ‘loss of dependency’ granted Rs.5,35,200/- by taking the multiplier ‘10’. As seen from the finding in Sarla Verma’s case (1 supra), the claimants are not entitled for future prospects of the deceased is more than 50 years. In the present case on hand, the deceased is aged 52 years. Therefore, the claimants are not entitled for any compensation towards future prospects. Having regard to the facts and circumstances of the case on hand, the claimants are entitled for the compensation of Rs.5,88,720/- against the compensation of Rs.5,35,200/- awarded by the Tribunal under the head of ‘loss of dependancy’. The findings of the Tribunal on other heads holds good. Further the Tribunal granted interest at 9% per annum to the claimants. Having regard to the facts and circumstances of the case, I see no grounds to interfere with the finding of the Tribunal in granting interest at 9% per annum. With this modification, the appeal is partly allowed. K.S.APPA RAO,J 10th March, 2011 Note: Issue CC in one week (B/o) PNV [1] 2009 ACJ,1298