THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2579 of 2003 JUDGMENT: This Civil Miscellaneous Appeal is filed by the appellants- petitioners against the order and decree dated 23.12.2002 in O.P.No.433 of 1999 on the file of the Motor Accidents Claims Tribunal – cum - II Additional District Judge, Guntur, whereby and where under a compensation of Rs.95,000/- was awarded against the claim of Rs.1,75,000/-. 2. Heard. 3. According to the claimants, on 14.04.1999 at about 7.00 a.m. while the deceased (Katragadda Subba Rao) was waiting in the bus shelter at Vaikunthapuram to go to Jampani Sugar Factory, the auto bearing No.AP-7V-3861 driven by its driver in a rash and negligent manner, hit the deceased and caused injuries to him. Deceased was admitted in G.G.H. Guntur and while undergoing treatment, he succumbed to injuries on 28.04.1999. Hence, the claimants being the legal heirs of the deceased filed O.P. First respondent remained ex parte and second respondent filed counter denying the petition allegations. On the basis of the pleadings, the following issues were framed: 1. Whether the accident occurred due to rash and negligent driving of the driver of Auto bearing Reg.No.AP-7V-3861? 2. To what compensation the petitioners are entitled and from whom? 3. To what relief? 4. On behalf of the claimants, PWs.1 and 2 were examined and Exs.A1 to A5 were marked. On behalf of the respondents, no oral or documentary evidence was adduced. 5. After considering the material on record, the Court below granted compensation of Rs.96,000/-. As already referred, the claimants being dissatisfied with the quantum of compensation, filed the present appeal. 6. Now, the point for consideration is ‘whether there are any grounds for enhancing the compensation and allowing the appeal? 7. The age of the deceased at the time of occurrence was fifty years. As such, as per the latest decision of the Hon’ble Supreme Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION[1], appropriate multiplier is ‘13’. When the gross income of the deceased was only Rs.4000/-, there is no justification on the part of the Court below in reducing the amount towards deductions as the salary of the deceased do not come under the purview of any deductions like income-tax, etc. As such, the income of the deceased has to be taken at Rs.4,000/-. If 1/3rd of the same is deducted towards personal expenditure and if multiplier of ‘13’ is applied, the amount awarded by the Court below is on lower side. As such, the appeal has to be allowed granting the total compensation of Rs.1,75,000/-. However, the enhanced compensation amount shall carry interest @ 6% per annum from the date of petition. 8. Accordingly, the appeal is allowed. There shall be no order as to costs. ______________________ P. SWAROOP REDDY, J. 30th November 2010, Rns/SUR [1] AIR 2009 SUPREME COURT 3104