THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.Nos.2391 of 2002 and 2456 of 2002 COMMON JUDGMENT: Since both these civil miscellaneous appeals arise out of same order in O.P.No.1032 of 2001, both are being disposed of by this common judgment. The O.P. was filed claiming compensation for the death of Ashok Kumar, who was working as a sales man in Indian Pharma Medical Stores, Warangal, on account of the accident occurred on 29.08.2001 at Waddara Colony, Madikonda village, on account of the tractor trailer dashing him. The appellants in C.M.A.2391 of 2002 are the parents of the deceased and the appellants in C.M.A.No.2456 of 2002 are the wife and children of the deceased. 2. Heard. 3. The brief facts are as follows: On 29.08.2001, at about 2.30 p.m., while the deceased Ashok Kumar was going to Dharmasagar on his cycle, when he reached watertank at Waddara Colony, Madikonda village, a tractor bearing No.AP36 T 6603 came in opposite direction in a rash and negligent manner and hit the cycle of the deceased, on account of the same, he fell down and the tractor ran over him, due to which he suffered multiple injuries. Immediately, he was shifted to MGM Hospital, Warangal, where he was admitted as inpatient and he died on the same day at 4.15 p.m. while undergoing treatment. The petitioners in O.P.No.1032 of 2001, who are the wife and children of the deceased claimed compensation of Rs.6.00 lakhs and the Court below awarded compensation of Rs.3,10,000/- and apportioned the same as follows: “On deposit, the first petitioner is entitled to withdraw the entire costs, interest and Rs.12,000/- granted towards consortium and funeral expenses. Out of the balance of Rs.2,98,000/-, the first petitioner is entitled for a sum of Rs.2,00,000/-, the second and third petitioners are entitled for a sum of Rs.25,000/- each including the amount of Rs.5000/- granted to them towards love and affection and in the balance of Rs.48,000/-, respondents 3 and 4 are entitled for equal share. Out of her share, the first petitioner is entitled to withdraw a sum of Rs.25,000/- for her immediate necessities.” Aggrieved by the same, the petitioners in O.P.1032 of 2001 have filed C.M.A.No.2391 of 2002, whereas the parents of the deceased, who are respondents 3 and 4 in the O.P., have filed C.M.A.No.2456 of 2002. There is no dispute about the accident and about the petitioners-claimants being entitled for compensation inasmuch as there is no appeal challenging the compensation awarded or with regard to the liability of the respondents. Thus, the only question that remains to be answered is the quantum of compensation. Now, the point for consideration is, whether there are any grounds for enhancing the compensation? The deceased was said to be working in a medical agency as a sales man earning Rs.3,500/- per month and the court below has taken it as Rs.2,000/- per month. Learned counsel for the respondent – insurance company contends that taking of Rs.2000/- per month in the year 2001 was on higher side as there is no material on record to show the qualification of the deceased. Still, the amount taken into consideration was only Rs.2000/- as against the claim of Rs.3,500/- and as the deceased was said to be working in a medical agency, it cannot be said to be on higher side. Even a labourer must have been earning Rs.50/- to 60/- per day in around 2001. As such, the tribunal cannot be found fault in fixing the income of the deceased at Rs.2000/- per month. Out of the amount of Rs.2000/-, 1/3rd is deducted towards personal expenses and total compensation of Rs.3,10,000/- is awarded by applying the multiplier ‘18’ as the deceased was aged 28 years. The application of multiplier also cannot be said to be erroneous. The contention of the learned counsel for the appellants is that the trial Court has deducted 1/3rd towards personal expenses and as per the latest legal position, as decided by the Hon’ble Supreme Court, where the dependents are more than ‘4’, only 1/4th has to be deducted. If 1/4th is deducted, the contribution to the family would come to Rs.1500/- per month and it would be Rs.18,000/- per annum. If multiplier ‘18’ is applied, it would come to Rs.3,24,000/-. Nothing is taken into consideration towards enhancement of future earnings of the deceased. At the time of death, as he was only 28 years old, there was absolute possibility of his income getting enhanced from year to year whatsoever work he was doing, as such, minimum 25% has to be added to his income towards future earnings. Thus, an amount of Rs.1.00 lakh can be added towards enhancement of future earnings, and the total compensation comes to Rs.4,24,000/- can be rounded off to Rs.4,30,000/-. The interest on the enhanced amount shall be at 6% per annum only from the date of petition till the date of payment. Thus, the compensation awarded by the court below is enhanced to Rs.4,30,000/- from Rs.3,10,000/-. Out of the enhanced amount, the appellants in C.M.A.No.2391 of 2002, i.e., the parents of the deceased shall be entitled for a total amount of Rs.50,000/-, i.e., Rs.25,000/- each along with proportionate interest. The remaining enhanced amount shall be payable to the appellants in C.M.A.No.2456 of 2002, i.e. the wife and children of the deceased. Accordingly, both the C.M.As.2391 of 2002 and 2456 of 2002 are partly allowed. No costs. ______________________ P. SWAROOP REDDY, J. 8th September 2010, Rns