IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY NINETH DAY OF November TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.1343 of 2003 Between: Smt.Prameela and another … Appellants And Mohd. Osman and another … Respondents This Court made the following: HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.1343 of 2003 JUDGMENT: Being dissatisfied with the quantum of compensation awarded in M.V.O.P. No.70 of 2000 vide order dated 16.09.2002 by the learned Chairman, Motor Accidents Claims Tribunal – cum – Additional Special Judge for SPE & ACB Cases – cum - V Additional Chief Judge, C.C.C., Hyderabad, appellants-claimants preferred this Civil Miscellaneous Appeal seeking enhancement. 2. The appellants are the legal representatives of the deceased Maala Ramulu, who died in the accident that occurred on 15/16.11.1999. The owner of the lorry bearing No.ADT 9965 involved in the accident and its insurer are respondent Nos.1 and 2 respectively in the O.P. before the Tribunal. 3. The case of the claimants is that on the intervening night of 15/16.11.1999, while the deceased along with some others was proceeding in the lorry bearing No.AAT 4043 from Chanvalli village towards Hyderabad with a load of Vegetables, near Chinna Shapur gate, Chevalla village, the driver of the lorry parked it on the roadside for diesel, and while he was getting down from the lorry for the purpose of diesel, another lorry bearing No.ADT 9965 belonging to respondent No.1 and being driven by its driver in a rash and negligent manner and high speed with a load of stones dashed the stationed lorry from behind, as a result, deceased fell down, sustained injuries and succumbed to the same. Hence, they claimed a compensation of Rs.1,50,000/-. 4. O.P.Nos.68, 69 and 71 of 2000, which arise out of the same accident, were also tried along with the present O.P. before the Tribunal. 5. Respondent No.1, owner of the lorry, remained ex parte. Respondent No.2 - insurance company filed its counter denying the case of all the claimants. 6. Based on the pleadings, the following issues were framed for trial by the Tribunal: “1. Whether the deceased Malla Ramulu died in a lorry accident on 15/16.11.1999 due to rash and negligent driving on the part of 1st respondent’s lorry driver? 2. Whether the petitioner is entitled for compensation, if so, to what amount and from whom? 3. To what relief?” 7. Other O.Ps that arise out of the same accident were tried along with the present O.P., P.Ws.1 to 5 were examined and Exs.A1 to A9 were marked on behalf of the appellants. On behalf of respondent No.2, except marking Ex.B1 no oral evidence was adduced. 8. The Tribunal on the basis of the material on record and after an elaborate consideration of the same, allowed all the O.Ps awarding various quantum of compensation to the parties therein. In the present case, the Tribunal awarded a compensation of Rs.1,27,800/- to the appellants as against their claim of Rs.1,50,000/- against both the respondents for payment of compensation jointly and severally with interest at 6% per annum. 9. Aggrieved of the quantum of compensation, appellants preferred this Civil Miscellaneous Appeal seeking enhancement of compensation. 10. Now the only point that arises for consideration is whether the quantum of compensation awarded by the Tribunal is inadequate ? 11. Admittedly, as on the date of the accident i.e., 15/16.11.1999, the deceased was aged 20 years and was unmarried. The deceased was working as cleaner of the lorry. Though the Tribunal held that the deceased was earning Rs.1,500/- to Rs.2,000/- per month by working as cleaner of the lorry, considered his income as Rs.40/- per day, assessed his income at Rs.1,200/- per month. Accordingly, deducting 1/3rd out of his monthly income towards his personal expenses (1200 X 1/3), his contribution was taken at Rs.800/- per month and Rs.9,600/- per annum. Since the deceased was unmarried, age of the mother of the deceased was taken into consideration as 45 years and by applying multiplier ‘13’, which was appropriate for the age group of the mother of the deceased, the Tribunal awarded a sum of Rs.1,24,800/- (Rs.9,600/- X 13) to the appellants towards loss of dependency besides awarding Rs.1,000/- towards transportation of the dead body and Rs.2,000/- towards funeral expenses. In all, the Tribunal awarded Rs.1,27,800/- towards compensation to the claimants. 12. In view of the latest decision of the Hon’ble Supreme Court in Sarala Verma v. Delhi Transport Corporation[1] case, multiplier ‘14’ has to be applied and certain amount has to be added towards enhancement of future earnings. No doubt, 50% has to be deducted towards personal expenses in the cases of unmarried persons like in the present case. The claim of the claimants is only Rs.1,50,000/- and the amount awarded is Rs.1,27,800/- and thus the amount awarded is only Rs.22,200/- less than what is claimed. By applying multiplier ‘14’ and considering the income of the similarly placed persons to the deceased as on today, which can be at least Rs.5,000/- to Rs.6,000/- per month, the total compensation of Rs.1,50,000/- claimed by the claimants can be awarded and the same is accordingly awarded. The rate of interest on the enhanced compensation shall be at 6% per annum from the date of O.P. till realization. The apportionment of the compensation between the claimants shall be in the same ratio as ordered by the Tribunal. Claimants are permitted to withdraw the entire compensation soon after its deposit. 13. With the above enhancement in the quantum of compensation, the Civil Miscellaneous Appeal is allowed. There shall be no order as to costs. _____________________ P. SWAROOP REDDY, J 29th November 2010 lmv [1] AIR 2009 SC 3104