THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No.3160 of 2005 ORDER: This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment dated 05.07.2005 passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge’s Court, Kurnool, in M.V.O.P.No.603 of 2004, whereby the claim petition filed by the appellants herein/claimants for Rs.4,00,000/- for the death of Shaik Ismail (hereinafter referred to as ‘the deceased’) was allowed partly by awarding a compensation of Rs.2,20,200/- with proportionate costs and interest at 7.5% p.a., from the date of claim petition till realization. The claimants seek enhancement of the compensation awarded by the Tribunal. Brief facts of the case are that on 28.03.2004 near Sameer Sweet Stall, Kurnool, a motorcycle bearing registration No.AP 21 JTR 8614, belonging to the first respondent and insured with the second respondent, coming in a rash and negligent manner, dashed the deceased, as a result of which the deceased received injuries and he was shifted to Government General Hospital, Kurnool and died in the hospital after two days. Therefore, appellants, who are mother, wife and children of the deceased, filed the claim petition before the Tribunal for a compensation of Rs.4,00,000/- for the death of the deceased. To prove their claim, the claimants examined P.Ws.1 to 3 and marked Exs.A-1 to A-5 i.e., F.I.R., inquest report, post mortem report, M.V.I. report and charge sheet. The insurance company examined R.Ws.1 to 3 and marked Exs.B-1 and B-2 – 161 Cr.P.C. statement and insurance policy. The Tribunal, after considering the facts and circumstances of the case and the evidence on record, held that the accident occurred due to the rash and negligent driving of the motorcycle and because of the accident only, the deceased died and therefore, the claimants are entitled for compensation. Since the deceased was aged 32 years at the time of the accident, the Tribunal took the multiplier ‘13’ and since the deceased was working as a tailor at the time of the accident, the Tribunal fixed his monthly income at Rs.1,800/- and after deducting 1/3rd towards personal expenses of the deceased, his contribution to the family was fixed at Rs.14,400/- per annum and accordingly, the loss of dependency was calculated at Rs.1,87,200/- (14,400 X 13). The Tribunal awarded further sums of Rs.15,000/- towards consortium, Rs.15,000/- towards loss of estate, Rs.2,500/ towards funeral expenses and Rs.500/- towards transport of the dead body. In all, the Tribunal awarded a compensation of Rs.2,20,200/- with proportionate costs and interest at 7.5% per annum from the date of the claim petition till realization. The learned counsel for the appellants/claimants submitted that the Tribunal erred in assessing the income of the deceased at Rs.21,600/- per annum though P.W.4 deposed that the deceased was earning Rs.4,000/- per month and the multiplier applied by the Tribunal was wrong. On the contrary, the learned counsel for the insurance company sought to sustain the award of the Tribunal. A perusal of the judgment of the Tribunal shows and as rightly pointed out by the learned counsel for the appellants/claimants, in view of judgment of the Apex Court in Sarla Verma vs. Delhi Transport Corporation[1], (i) the Tribunal ought to have taken income of the deceased at least at Rs.2,500/- per month, which is reasonable, since he was a tailor and therefore, per annum his income comes to Rs.30,000/-. (ii) the Tribunal ought to have deducted 1/4th from towards personal expenses since in case of death of a married person leaving behind number of dependant family members between 4 and 6, 1/4th of the income of the deceased shall be deducted towards his personal expenses and after deducting 1/4th towards personal expenses, the annual income of the deceased comes to Rs.22,500/-. (iii) the Tribunal ought to have taken the appropriate multiplier ‘16’ since the deceased was aged 32 years. Accordingly, the loss of dependency comes to Rs.3,60,000/- (22500 X 16) and the further sums awarded by the Tribunal i.e., Rs.15,000/- towards loss of estate is reduced to Rs.10,000/- and Rs.15,000/- towards consortium is reduced to Rs.10,000/- and the other sums awarded by the Tribunal shall remain as it is. In all the appellants/claimants are entitled to a total compensation of Rs.3,83,000/- (360000 + 10000 + 10000 + 2500 + 500) for the death of the deceased. Accordingly, the C.M.A. is allowed enhancing the compensation awarded by the Tribunal from Rs.2,20,200/- to Rs.3,83,000/- which shall carry interest at 7% per annum from the date of the claim petition till realization. _______________________ GHULAM MOHAMMED, J 03rd February, 2011 GHN [1] (2009) 6 SCC 121 = 2009(3) Supreme Today 487