THE HON'BLE SRI JUSTICE K. S. APPA RAO M.A.C.M.A.Nos.676 and 734 OF 2008 COMMON JUDGMENT: Aggrieved by the judgment and decree dated 27-11-2007 passed in O.P.No.296 of 2006 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad, the appellants-claimants filed M.A.C.M.A.No.676 of 2008 urging enhancement of compensation awarded by the Tribunal below and appellant- insurance company filed M.A.C.M.A.No.734 of 2008 urging that the Tribunal below instead of applying multiplier ‘14’ applied multiplier ‘15’ erroneously and granted compensation and it is now to be modified. Now the point for consideration is whether the order of the Tribunal below in M.V.O.P.No.296 of 2006 is sustainable. POINT :- During the course of arguments the counsel appearing for the appellant-insurance company in M.A.C.M.A.No.734 of 2008 stated that the multiplier ‘15’ applied by the Tribunal below is erroneous and as per the latest judgment Sarla Verma and others v. Delhi Transport Corporation and another[1], the correct multiplier may apply in the present case on hand is ‘14’ and the same is applied to the claim of the petitioner. In the Tribunal below the claimants filed petition claiming compensation of Rs.10,60,000/- and the Tribunal while evaluating the evidence on record granted compensation of Rs.7,55,100/- under all heads. Admittedly, the deceased is un-married and to arrive at the multiplier age of the mother i.e., petitioner No.2 has to be taken into consideration. As per the evidence, the age of the second petitioner is noted as 44 years. As per schedule in Sarla Verma and others v. Delhi Transport Corporation and another case, for age group between 31 and 45, multiplier ‘14’ should be applied. Therefore, the calculation under the head of dependency is arrived at 49140 x 14 = 6,87,960/- instead of Rs.7,55,100/- as granted by the Tribunal below by applying multiplier ‘15’. The Tribunal below granted Rs.2,000/- towards funeral expenses, Rs.1,000/- towards transport charges and Rs.15,000/- towards loss of estate, which are just and reasonable and there is no need to interfere with the findings of the Tribunal below under these heads. In view of the above, total compensation would comes to Rs.7,05,960/- (6,87,960 + 18,000). Accordingly, an amount of Rs.7,05,960/- is awarded to the claimants towards compensation by modifying the compensation of Rs.7,55,100/- granted by the Tribunal below. There shall be no order as to costs. In the result, C.M.A.No.676 of 2008 is dismissed and C.M.A.No.734 of 2008 is partly allowed. There shall be no order as to costs. ___________________ K. S. APPA RAO, J March 14, 2011 Pn THE HON'BLE SRI JUSTICE K. S. APPA RAO M.A.C.M.A.Nos.676 and 734 OF 2008 March 14, 2011 [1] (2009) 6 Supreme Court Cases 121