HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.2537 of 2008 Date: 01-7-2011 Between Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director, RTC ‘X’ Roads, Mushirabad, Hyderabad and another … Appellants/Respondents and B.Venkataiah and another … Respondents/Petitioners HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.2537 of 2008 Judgment: Heard both sides. 2. Being aggrieved by the award and decree dated 10-10-2007 in M.V.O.P.No.685 of 2006 on the file of the Motor Accident Claims Tribunal cum XIII Additional Chief Judge, FAC/XIV Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad the present civil miscellaneous appeal is filed by the appellants-Andhra Pradesh State Road Transport Corporation mainly urging that the award of compensation granted by the tribunal below while assessing the income of the deceased as Rs.3,000/- per month is erroneous and the tribunal below ought to have calculated the income for 22 days instead of 30 days and therefore, the award of compensation is to be reduced. 3. Learned counsel for the respondents-claimants supported the judgment of the tribunal below. 4. Now, the point for consideration is -- whether the amount of compensation granted by the tribunal below is to be scale down? 5. Point:- As seen from the pleadings and the impugned order, the factum of accident is not disputed. The claimants are the parents of the deceased, by name B.Srihari, aged 21 years, working in Ashwani Chemicals and Instruments. According to the evidence of P.W.1, the deceased while working in the said Company, was drawing a salary of Rs.3,500/- per month and he was unmarried. The tribunal below while assessing the evidence on record, fixed the income of the deceased as Rs.3,000/- per month. 6. A perusal of the impugned order shows that Ex.A-7 is the salary certificate dated 28-12-2006, which reads that the deceased was drawing Rs.3,500/- per month. If Ex.A-7 is taken into consideration, the income of the deceased shall be fixed at Rs.3,500/- per month. However, the tribunal below fixed the monthly income of the deceased as Rs.3,000/- as the petitioners failed to examine the authority who issued Ex.A-7 salary certificate. Therefore, the finding of the tribunal below while arriving at Rs.3,000/- per month towards the salary of the deceased is not sustainable. 7. The tribunal below while calculating the compensation deducted only one-third towards personal earnings of the deceased. But, as per the judgment of the apex Court in SARLA VERMA v. DTC[1], if the deceased is unmarried, 50% should be deducted towards the personal savings of the deceased. If that be the case, the annual income of the deceased comes to Rs.21,000/-. The father of the deceased is aged 56 years and therefore the multiplier applicable is ‘13’. Therefore, the total loss of dependency comes to Rs.21,000/- x 13 = Rs.2,73,000/-. The tribunal below granted Rs.10,000/- towards love and affection and loss of estate and Rs.5,000/- towards funeral expenses and transportation of dead body and the same are sustainable. Therefore, the claimant is entitled for a total compensation of Rs.2,88,000. 8. In the result, the civil miscellaneous appeal is allowed in part reducing the amount of compensation awarded by the tribunal below from Rs.3,27,000/- to Rs.2,88,000/- (Rupees two lakhs and eighty eight thousand only). No costs. ___________________ K.S.APPA RAO, J. 01st July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.2537 of 2008 01st July, 2011. [1] (2009) 6 SCC 121