1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.408 OF 1997 Kundlik Akaram Yadav & Ors. .. Petitioners versus M/s.South Eastern Roadways, Vasco (owner) and ors. .. Respondents Mr.Pralhad Paranjape h/f Mr.T.S.Ingle for the petitioners. Mr.J.S.Chandnani for respondent No.5. The respondent nos.1, 2 and 4 are served with notice CORAM : A.S.OKA, J. DATE : 3rd March 2010. JUDGMENT: . Heard learned counsel appearing for the appellants. The appellants are the original claimants in a claim petition filed under section 166 of the Motor Vehicles Act, 1988. The claim was made on account of demise of one Nandkumar in the motor accident. The 1st and 2nd appellants are the parents of the deceased, the 3rd appellant is a brother of the deceased and 4th appellant is the sister of the deceased. The claim of Rs.6,00,000/- was made out of which a sum of Rs.3,00,000/- has been granted under the impugned award with 2 interest at the rate of 6% per annum from the date of filing of the claim petition. The offending vehicle is the tanker which was owned by the 1st respondent and which was insured with the 2nd respondent. The award was only made against the 1st and 2nd respondents and the claim was dismissed as against 4th and 5th respondents. 2. The learned counsel appearing for the appellants has invited my attention to the finding recorded by the Tribunal on the income of the deceased. He pointed out that the age of the deceased was only 24 years at the time of accident. He invited my attention to documents at Exhibits 53 and 54. Exhibit 53 is the letter of appointment of the deceased as Assistant Civil Engineer on contract basis for a period of three to four years. The date of the letter is 29th June 1991. The date of the accident is 8th January 1992. Exhibit 54 is the document of salary particulars issued by the Konkan Railway Corporation Ltd showing that the gross monthly salary payable to the deceased was Rs.3722/- per month and net salary was Rs.3667/-. He pointed out that the deceased was a qualified engineer and he had obtained a degree in Civil (Construction) Engineering from University of Pune. He invited my attention to the certificates produced on record at Exhibits 40, 45 and 46. He pointed out that the deceased had a meritorious record and he had obtained the decree in first class with 3 distinction. He submitted that future prospects of the increase in the salary have not been considered by the Tribunal. He pointed out that compensation granted is on the lower side. He urged that the appellants were entitled to interest @ 12% per annum from the date of the application. He, therefore, submitted that the appellants are entitled to enhancement by a sum of Rs.3,00,000/-. 3. I have given careful consideration to the submissions. The certificates at Exhibits 40 and 45 show that the deceased had obtained a decree in Civil (Construction) Engineering and he had secured first class with distinction. The certificate at Exhibit 42 issued by the Government of India, Ministry of Railways shows that the deceased had completed special course on construction of new railway lines. The document at Exhibit 54 shows that the monthly emoluments of the deceased were approximately Rs.3700/-. Therefore, this is a case where future prospects of increase in the earnings of the deceased will have to be considered considering the meritorious academic record of the deceased and considering the fact that at a very young age he had secured employment as an Assistant Civil Engineer with the Konkan Railway Corporation Ltd. The age of the deceased was around 24 years. Following the recent of decision of the Apex Court in the case of Sarla Verma (Smt) and Others Vs. 4 Delhi Transport Corporation and Another [(2009) 6 Supreme Court Cases 121] ,50% of net income will have to be added for the purposes of calculating multiplicand. Thus, for the purposes of computation of multiplicand, the income will have to be taken at Rs. 5550/- per month. The deceased was a bachelor and therefore as per the law laid down in the case of Sarla Verma (supra), one half of the amount will have to be deducted on personal expenditure. After deducting one half amount, monthly dependency comes to Rs.2775/- and yearly dependency comes to Rs.33,300/-. Considering the fact that the age of the 1st and 2nd appellants -claimants was more than the age of the deceased, the multiplier will have to be determined on the basis of the respective ages of the parents whose ages were 55 and 48 respectively at the time of accident. Taking their average age, multiplier of 11 will have to be applied in terms of decision of the Apex Court in the case of Sarla Verma (supra). Applying multiplier of 11, the compensation amount comes to Rs.3,66,300/- to which usual amount of Rs.10,000/- will have to be added. Thus, the total compensation payable will be Rs.3,76,300/-. Hence, the appellants will be entitled to enhancement of compensation by a sum of Rs.76,300/-. By the impugned award the interest at the rate of 6% per annum from the date of filing application has been granted. It is directed that only in case of default in deposit of compensation amount within two months, 5 interest at the rate of 12% per annum will be payable from the date of the award. 4. The claim petition is of the year 1992 which was decided in the year 1995. Considering the then prevailing rates of interest, the Tribunal ought to have awarded interest at the rate of 12% per annum from the date of filing of the claim application. However, a Judicial notice will have to be taken of the fact that during last few years the rates of interest of nationalized banks have considerably gone down. Therefore, on total compensation payable to the appellants interest at the rate of 9% per annum will have to be fixed. Hence, appeal must succeed in part and I pass the following order: : O R D E R : (a) In addition to the compensation awarded by the Tribunal, the appellants will be entitled to additional compensation of Rs. 76,300/- (b) The interest at the rate of 9% per annum shall be payable on the total compensation of Rs.3,76,300/- from the date of filing the claim petition till realisation or deposit of the amount with the Tribunal. (c) The impugned award is modified in above terms. (d) The 1st and 2nd respondents are granted time of four 6 months to comply with the modified award by depositing requisite amount with the Tribunal. (e) The appeal is partly allowed on above terms. The 1st and 2nd respondents shall pay proportionate costs of this appeal to the appellants. (A.S.OKA,J)