THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1681 of 2000 JUDGMENT: One Amboth Rathya, father of appellant Nos.1 and 2 and son of respondent Nos.3 and 4, was a driver of an auto rickshaw bearing No.AP 11U 3031. On 20.08.1997, he was driving the Auto rickshaw on Nagarjuna Sagar-Hyderabad road. When it reached Tekkellapally Village of Yacharam Mandal, Ranga Reddy District, a lorry bearing No.AP 28 T 4450, driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3, dashed against the auto. That resulted in death of Rathya and some of the inmates. The appellants herein filed O.P.No.1128 of 1997 before the Chairman, Motor Accident Claims Tribunal-cum- Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’) claiming a sum of Rs.3,00,000/- as compensation. It was pleaded that the deceased was aged 35 years and that he was earning Rs.3,000/- per month. According to the appellants, the accident occurred on account of rashness on the part of respondent No.1 and all the respondents are liable to pay compensation. Respondent Nos.1 and 2 remained ex parte. The O.P. was opposed mainly by respondent No.3. Various facts pleaded in the O.P. were disputed. Through order, dated 25.10.1999, the Tribunal awarded a sum of Rs.1,80,000/- with interest at the rate of 12% per annum. The appellants seek enhancement of the compensation. Heard the learned counsel for the appellants and the learned Standing Counsel for respondent No.3. None appears for respondent Nos.1 and 2. On account of ghastly accident that occurred on 20.08.1997, as many as nine O.Ps. were filed by the injured or the dependents of the deceased, as the case may be. The Tribunal clubbed all the O.Ps. and heard them together. Common evidence was recorded and the witnesses were examined on behalf of the claimants. The documentary evidence comprised of certified copy of F.I.R. in Crime No.50 of 1997, M.V.I. report, charge sheet, inquest report of the deceased, or injury certificates, as the case may be. So far as the driver of the auto is concerned, the Tribunal took his income as Rs.1,500/- per month and applied multiplier ’14.3’ rounded off to ‘15’. One-third of the income was deducted towards the personal expenditure of the deceased. In all a sum of Rs.1,83,000/- was awarded as compensation. The evidence on record discloses that the income of the deceased would be at least Rs.2,000/- per month at the relevant point of time. There is no dispute as to the age. So far as the deduction is concerned, in view of the judgment in Sarla Verma Vs. Delhi Transport Corporation[1], one-fourth needs to be deducted inasmuch as there are four dependents for the deceased. The loss of contribution on account of the death to the family would be Rs.18,000/- per year. The proper multiplier for an age of 35 years is ‘16’. That would yield the figure of Rs.2,88,000/-. A sum of Rs.15,000/- deserves to be awarded towards loss of estate, funeral expenses, etc. The total compensation would be Rs.3,03,000/-. Since the claim itself is Rs.3,00,000/-, the said amount is awarded. The interest awarded by the Tribunal is excessive. The entire amount shall carry interest at the rate of 7% per annum from the date of the order passed by the Tribunal. The appeal is accordingly allowed. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:12.12.2011. kdl [1] (2009) 6 Supreme Court cases 121