THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.3067 OF 2009 DATED:02.08.2011 JUDGMENT: This appeal is directed against the order, dated 14.12.2004, in M.V.O.P.No.449 of 2003 on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum- District Judge, Kadapa, wherein the claim of the appellants herein for compensation, was allowed in part, awarding compensation of Rs.8,90,515/-. 2. Heard both sides. Perused the record. 3. It is not disputed that the deceased was working as an Upper Divisional Clerk in the office of the Assistant Commissioner, Employees’ Provident Fund Organization and was getting gross salary of Rs.10,049/- and after deductions he was receiving net salary of Rs.6846/-. It is also not disputed that the deceased was aged 47 years by the date of the accident and he was having still 10 years 8 months of service left before retirement. The Tribunal has not applied the multiplier method and made its own assessment by multiplying the contribution of the deceased to the family with the left over service period and arrived at the amount of Rs.8,57,515/-. In view of the catena of decisions of the apex Court and this Court, suggesting the multiplier method as best suited for arriving at a just and reasonable compensation, the course adopted by the Tribunal in estimating the loss of dependency, is untenable and unsustainable. 4. As per the recent decision of the apex Court in SARALA VERMA v. DELHI TRANSPORT CORPORATION[1], the suitable multiplier appropriate to the age of the deceased is ‘13’. As per the same decision, when the deceased is aged between 40 and 50 years, future prospects at 30% of the actual salary are also to be awarded. As the family members left behind by the deceased are 5 in number, 1/4th of the income of the deceased has to be deducted towards his personal expenses. As the salary certificate-Ex.A5 shows that the deceased was earning salary of Rs.10,049/-, by adding 30% towards the future prospects it comes to Rs.13,063/- per month and Rs.1,56,756/- p.a. and after deducting 1/4th towards personal expenses the contribution of the deceased would come to Rs.1,17,567/- and applying the multiplier ‘13’ the loss of dependency works out to Rs.15,28,371/-. As per the II schedule, the claimants are entitled for a sum of Rs.2500/- towards loss of estate and Rs.2000/- towards funeral expenses and the 1st claimant is entitled to a sum of Rs.5000/- towards loss of consortium. Thus the total amount of compensation comes to Rs.15,37,871/-. After deducting the amount of Rs.8000/-, awarded by the Tribunal towards loss of dependency, claimants would be entitled to Rs.15,29,871/-. As per the decision of the apex Court in Sarala Verma’s case (1st cited supra), all the claimants are entitled for interest @ 6% per annum on Rs.15,29,871/- from the date of the petition, but the same is however restricted to the amount of Rs.15,00,000/-, claimed by the appellants. 5. Appeal is allowed accordingly. _______________________ G.V.SEETHAPATHY, J 02nd August, 2011 Tsy [1] 2009 ACJ 1298