IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3336 OF 2003 Between : Smt Mallela Buchamma .... APPELLANT A N D Sri Ram Raja Gopal and another …RESPONDENTS THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3336 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1939 (for short, ‘the Act’) is directed against the award and decree, dated 24.06.2003 in O.P.No.252 of 2002 on the file of IV Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Civil Court, Hyderabad, whereby a compensation of Rs.84,000/- was awarded to the petitioner for the death of the deceased Mallela Pandu. 2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the O.P. before the Tribunal. 3. The petitioner filed O.P.No.252 of 2002 on the file IV Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Civil Court, Hyderabad, claiming compensation of Rs.2,64,000/- for the death of the deceased Mallela Pandu. 4. The Tribunal after considering the evidence on record, awarded a sum of Rs.84,000/- to the petitioner under various heads. Being dissatisfied with the quantum of compensation awarded, the petitioner filed this Civil Miscellaneous Appeal, seeking enhancement of compensation on the ground that the compensation awarded by the Tribunal is very meager and disproportionate. 5. Now the point that arises for consideration is whether the petitioner is entitled for enhancement of compensation? 6. Learned counsel for the petitioner contended the Tribunal erroneously deducted 1/3rd amount towards personal expenses of the deceased and as per SARALA VARMA AND OTHERS V DELHI TRANSPORT CORPORATION AND ANOTHER[1] if the deceased was unmarried, the petitioner is entitled for compensation after deducting half of the amount towards personal expenses of the deceased. 7. Learned counsel appearing for the respondent-insurance company also fairly submits that the petitioner is entitled for compensation after deducing half of the amount towards personal expenses of the deceased. 8. In view of the said submission, half of the amount towards personal expenses of the deceased comes to Rs.9000/- ( Rs.1500 x 1/2 x 12). After applying the right multiplier ‘11’ for the age of 50, it comes to Rs.99,000/- (Rs.9000 x 11) towards loss of dependency. Apart from the above, the Tribunal also awarded an amount of Rs.15,000/- towards loss of estate; Rs.1,000/- towards transportation charges and Rs.2,000/- towards funeral expenses. Thus, the petitioner is entitled for a total compensation of Rs.1,17,000/-. The additional amount shall carry interest at 6% per annum from the date of filing of O.P. before the Tribunal till realization. 9. Accordingly, the Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs. __________________ K.S.APPA RAO, J FEBRUARY 03, 2011. YVL [1] 2009 ACJ 1298