IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.4000 OF 2003 Between : The New India Assurance Company Ltd., .... APPELLANT A N D Ambati Kumari and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.4000 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1939 (for short, ‘the Act’) is directed against the Judgment and decree, dated 26.12.2002 in O.P.No.367 of 1999 on the file of the District Judge, Ongole. 2. The appellant herein is respondent No.2 and the respondents herein are the petitioners in the O.P.No.367 of 1999. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Court below. 3. The petitioners filed O.P.No.367 of 1999 claiming compensation of Rs.3,00,000/- for the death of the deceased Ambati Konda Reddy in a motor accident that took place on 30.03.1999. The Court below by evaluating evidence on record, awarded a sum of Rs.2,46,000/- under all heads. Aggrieved by the same, New India Assurance Company – Respondent No.2, filed the present Civil Miscellaneous Appeal. 4. Learned counsel appearing for appellant/respondent No.2 contended that the compensation granted by the Court below by applying the wrong multiplier ‘18’ which is not sustainable and that the interest granted by the Court below is on higher side and needs to be scaled down to 6% per annum. 5. Now the point that arises for consideration is whether the order of the Court below is sustainable? 6. As seen from the impugned Judgment, the Court below taken the age of the deceased as 26 years for the purpose of assessing the compensation. The same is also not disputed in this appeal. The Court below has also taken the earnings of the deceased at Rs.1500/- per month. After deducting 1/3rd amount towards personal expenses, the income contributed to the family comes to Rs.1000/- per month. The same is also not disputed in this appeal. If the income of the deceased is taken at Rs.1500/- per month, and after deducting 1/3rd, the loss of annual dependency comes to Rs.12000/-. The proper multiplier applicable as per Sarla Verma and Others V. Delhi Transport Corporation[1], is ‘17’. After applying multiplier ‘17’ the loss of dependency comes to Rs.2,04,000/- (Rs.12000x17). Apart from this the Court below granted a sum of Rs.15,000/- towards consortium and Rs.15,000/- towards loss of estate. But, the same is reduced to Rs.10,000/- each as per Sarla Verma’s case. The Court below failed to award any compensation towards funeral expenses. Considering the same, Rs.2000/- is granted towards funeral expenses. Thus, in all the petitioners are entitled a sum of Rs.2,26,000/-. 7. Accordingly, the Civil Miscellaneous Appeal is allowed in part reducing the compensation from Rs.2,46,000/- to Rs.2,26,000/-, which shall carry interest @6% per annum from the date of claim petition till realization. There shall be no order as to costs. __________________ K.S.APPA RAO, J MARCH 31, 2011. YVL [1] 2009 ACJ 1298