HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.553 of 2008 Date: 07-07-2011 Between: Pittala Savithri and others ………. Appellant And The Managing Director, APSRTC, Musheerabad, Hyderabad and another ………. Respondents HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.553 of 2008 ORDER: This appeal is preferred against the order dated 28-06-2007 passed in O.P.No.2608 of 2005 on the file of the XII Additional Chief Judge, City Civil Court at Hyderabad (Fast Track Court). The appellants herein are the petitioners. 2. The brief facts of the case are that on 31-03-2005 at 12-30 PM, while the deceased along with others was travelling in an auto to go to Bhongir and when the auto reached near Pulumamidi Bhaskar Reddy Gardens, an RTC bus bearing No.AP 11 Z 1746 came in a rash and negligent manner with high speed and dashed the auto, due to which the auto turned turtle and the deceased sustained injuries. Therefore, he was shifted to Bhongir hospital for treatment and later shifted to Gandhi Hospital where he succumbed to the injuries on 02- 04-2005 while undergoing treatment. Therefore, the petitioners filed the O.P. claiming compensation of Rs.2,20,000/- under all the heads. 3. During the course of trial, on behalf of the petitioners, the first petitioner herself was examined as PW-1 and got marked Exs.A-1 to A-6. On behalf of the respondents, no oral or documentary evidence was adduced. The Tribunal, after considering the material available on record, came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the offending bus and accordingly, allowed the O.P. in part awarding total compensation of Rs.65,000/- with proportionate costs and interest @ 6% per annum from the date of petition till the date of realisation, and made the respondents-APSRTC jointly and severally liable to pay the compensation. Aggrieved thereby, the petitioners preferred the present Appeal seeking enhancement of compensation. The contention of the appellants is of two fold, firstly the amount of compensation awarded is very meagre and the Tribunal ought to have deducted 1/5th of the income towards personal and living expenses of the deceased, as per the principles laid down by the Supreme Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION [1], instead of deducting 1/3rd of the same, and secondly the Tribunal ought to have awarded compensation under the head of loss of estate. The learned counsel for the respondents, while supporting the order of the Tribunal, sought for dismissal of the appeal. Now the point for consideration is whether the petitioners are entitled for enhancement of the compensation? The factum of the accident is not disputed. The petitioners filed the petition claiming compensation of Rs.2,20,000/- for the death of the deceased Balaiah aged about 65 years. The Tribunal, while taking into consideration the age of the deceased as 65 years, applied the multiplier 5 and assessed the compensation. As seen from the table in the SARLA VERMA’s case, the multiplier applicable to the age of 65 years is 5, and as the Tribunal also awarded compensation while applying multiplier ‘5’, there is no ambiguity in the finding of the Tribunal on that score. Admittedly the petitioners are seven in number. As seen from the impugned order, the Tribunal deducted 1/3rd of the income towards personal and living expenses of the deceased. But, as per the principles laid down in the SARLA VERMA’s case, where the dependant family members exceeds six, 1/5t h has to be deducted towards personal and living expenses of the deceased. Therefore, as the petitioners are seven in number in the present case, 1/5th of the income has to be deducted towards personal and living expenses of the deceased. The Tribunal arrived the income of the deceased at Rs.15,000/- per annum out of which if 1/5th is deducted, the contribution to the family members works out to Rs.12,000/- per annum. After applying multiplier ‘5’ to the annual contribution, it works out to Rs.60,000/-. Thus the petitioners are entitled for the compensation of Rs.60,000/- towards loss of income. The Tribunal awarded Rs.2,000/- towards funeral expenses, Rs.8,000/- towards loss of love and affection and Rs.5,000/- towards loss of consortium which, in my view, are just and reasonable and they are sustainable. However, the Tribunal has not granted any amount towards loss of estate. Therefore, an amount of Rs.10,000/- is granted towards loss of estate. In total, the petitioners are awarded the compensation of Rs.85,000/- (Rs.60,000/- + Rs.2,000/- + Rs.8,000/- + Rs.5,000/- + Rs.10,000/-). Accordingly, the M.A.C.M.A. is partly allowed enhancing the compensation from Rs.65,000/- to Rs.85,000/-. The enhanced compensation shall carry interest @ 6% per annum from the date of petition till the date of realisation. No order as to costs. _______________ K.S. APPA RAO, J Date: 07-07-2011 YCR [1] (2009) 6 SCC 121