THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A.No. 3730 of 2003 JUDGMENT: Aggrieved against the Orders and decree in O.P.No. 386 of 2001, dated 7.5.2003, on the file of the Motor Accident Claims Tribunal-cum-District Judge, Sanga Reddy, the present C.M.A. is filed. Appellants herein are the petitioners in O.P.No. 386 of 2001. They filed petition claiming compensation of Rs. 2,50,000/- for the death of Gajula Narsimlu in a road traffic accident. The tribunal below while evaluating the evidence on record granted an amount of Rs. 1,50,464/-. Aggrieved against the said award, the present appeal is filed The counsel for the appellant mainly urged that the tribunal below assessed the income of the deceased as Rs. 1,200/- per month, which is erroneous and the multiplier 13.59 applied by the tribunal below is also erroneous and the tribunal ought to have applied multiplier 15 instead of 13.59. Now the point for consideration is whether the appellants are entitled for any enhancement of compensation. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. The factum of accident was not disputed. Petitioners did not file any authentic document in proof of the income of the deceased. However, the tribunal below fixed the income of the deceased as Rs. 1,200/- per month. Admittedly, the deceased is aged 38 years as on the date of the accident. In the said circumstances, the earning capacity of the deceased per month is to be taken as Rs. 1,500/- per month which total comes to Rs. 18,000/- per year. Out of which 1/3rd has to be deducted towards the personal expenses of the deceased and thus net contribution of the deceased to the petitioners comes to Rs.12,000/- per annum. Thus the loss of estate assessed as under: 12,000/- x 15= 1,80,000/- the multiplier applicable to the deceased aged about 38 years. Thus, the petitioners are entitled to a sum of Rs. 1,80,000/- as compensation under the loss of estate. The tribunal below granted a sum of Rs. 5,000/- towards the funeral expenses and Rs. 10,000/- towards loss of consortium and another Rs. 5,000/- towards the loss of love and affection and the same is granted accordingly. In total the petitioners are entitled to a compensation of Rs. 2,00,000/-. As seen from the impugned Order, the petitioners have received a compensation of Rs. 15,000/- in O.P.No. 266 of 2000, by deducting the same the petitioners are entitled to an amount of Rs.1,85,000/-. The tribunal below granted interest @ 9% per annum. The rate of interest granted by the tribunal below @ 9% is reduced to 6% by applying the decision reported in SARLA VERMA (SMT) & OTHERS Vs. DELHI TRANSPORTCORPORATION AND OTHERS[1]. Accordingly, the C.M.A. is allowed. ___________________ 1.4.2011 CHV [1] 2009(6) S.C.C . 121