THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1879 of 2008 JUDGMENT: Being aggrieved by the order and decree dated 18.05.2006 in O.P.No.32 of 2004 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Anantapur (Fast Track Court), the present appeal is filed urging that the Tribunal, instead of taking multiplier of ‘12.79’ on the basis of mother’s age of the deceased, multiplier of ‘17’ has taken on the age of the deceased, which is erroneous. The appellant in support of its contentions, placed reliance on the decision reported in Sarla Verma and others v Delhi Transport Corporation and another[1] case. Now, the point for consideration is whether the judgment of the Tribunal is sustainable? As seen from the impugned order, the Tribunal noted the age of the deceased as 21 years and multiplier applicable to the age group of 21 years is 17 as per Schedule II. Admittedly, the deceased is unmarried and petitioners are the dependants of the deceased. The 1st petitioner is the father and 2nd petitioner is the mother and 3rd petitioner is the sister of the deceased. As the deceased is unmarried, the age of the mother to be taken into consideration for applying the multiplier. Admittedly, mother of the deceased is aged about 40 years. As per Sarla Verma case (one supra), the multiplier applicable to the age group from 36 to 40 years is ‘15’ and the same has to be taken into consideration. The Tribunal had taken the earnings of the deceased, at Rs.3,000/- per month and 1/3rd was deducted towards personal expenses. But, as per Sarla Verma (one supra) case, as the deceased being unmarried, ½ has to be deducted. If half of the earnings is deducted towards personal expenses out of income, his monthly income comes to Rs.1500/-. If it is multiplied by ‘12’ applying multiplier ‘15’, it comes to Rs.2,70,000/-. The Tribunal has not granted any amount towards the funeral expenses and conveyance charges of the dead body of the deceased. Therefore, considering the same, an amount of Rs.5,000/- is granted towards funeral expenses and the conveyance. In total an amount of Rs.2,75,000/- was granted against the award of Rs.4,00,000/- granted by the Tribunal. In view of the special circumstances of the case, the petitioner is entitled for the total compensation amount of Rs.2,75,000/- with interest thereon at 7.5% from the date of petition till the date of payment as ordered earlier by the Tribunal. With this modification, the appeal is allowed. No costs. __________________ K.S.APPA RAO,J 10th March,2011 PNV [1] 2009 ACJ,1298