THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL MISCELLANEOUS APPEAL No.2321 of 2004 JUDGMENT: This appeal is filed by United India Insurance Company Limited challenging the order, dated 16.08.2001, passed in O.P.No.216 of 1997 on the file of the Motor Accident Claims Tribunal-cum- District Judge, Medak at Sangareddy (for brevity ‘the Tribunal), wherein and whereby a sum of Rs.2,08,000/- was awarded as compensation for the death of the deceased in the motor vehicle accident. The brief facts of the case are that on 22.05.1997, at about 8 am., the deceased, who was engaged as a labourer to work on Proclainer machine, was attending his work of oiling and greasing the said machine, the driver of the said machine drove the same in a rash and negligent manner, due to which, the machine dashed to the deceased causing his instantaneous death. Hence, the claim petition claiming compensation of Rs.3,00,000/-. On the request of this Court, Sri A.V.K.S.Prasad, learned counsel assisted this Court on behalf of the appellant-insurance company. He contended that the deceased was an unmarried person and hence, the Tribunal committed an error in taking account the age of the deceased for applying the multiplier. From the record, it is evident that the first claimant is the mother, the second claimant is the father and the third claimant is the younger brother of the deceased. Further, it is settled law that in a case where the deceased is an unmarried person, the age of the mother of the deceased has to be taken into account for applying the appropriate multiplier. In the instant case, the age of the mother of the deceased is 50 years, for which the appropriate multiplier is ‘13’. As the deceased was working as a labourer, his earnings can be notionally taken at Rs.1,500/- per month. After deducting 1/3rd of it towards his personal expenses, his contribution to the family comes to Rs.1,000/- per month, which works out to Rs.12,000/- per annum. Having regard to the age of the mother of the deceased at 50 years, since the deceased is an unmarried person, the appropriate multiplier is ‘13’ and by applying the same, the compensation payable to the claimants comes to Rs.1,56,000/- towards loss of dependency. Further, the claimants are also entitled to a sum of Rs.20,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate. In all, the claimants are entitled to a sum of Rs.1,86,000/-. Having regard to the facts and circumstances, I am of the opinion that the rate of interest awarded by the Tribunal is slightly on higher side. Therefore, the same is reduced from 9% to 7.5 % per annum from the date of filing of the claim petition till the date of realisation. In the result, the Civil Miscellaneous Appeal is allowed in part. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 23rd September 2010 dr