THE HON’BLE MR JUSTICE L. NARASIMHA REDDY C.M.A.No.165 of 2003 ORDER: Sri Obul Reddy Ram Reddy, husband of the 1st appellant, father of appellants 2 to 5 and son of 3rd respondent, was standing at his village near Ramachandraiah Hospital, Kadapa, having a discussion with a person, by name, Pitchi Reddy. It is stated that a Tractor, bearing No.AP 04 T 3939, owned by the 1st respondent and insured with the 2nd respondent, came and dashed against Pitchi Reddy, resulting in his death on the spot. The appellants filed O.P.No.259 of 1998 before the Motor Accidents Claims Tribunal-cum- District Judge, Kadapa, claiming a sum of Rs.8 lacs, as compensation. It was pleaded that the deceased was a holder of Diploma in Engineering, aged 29 years and that apart from doing contracts of Class-II and III, and was also doing agriculture. His contribution to the family was said to be Rs.5,000/-, per month, and that independently he was earning on an average of Rs.1,00,000/-, per annum, from agriculture. It was alleged that the death of the deceased occurred, on account of the rash and negligent driving of the Tractor by its driver. The 1st respondent remained ex parte. The O.P. was contested by the 2nd respondent alone. It disputed the occurrence or the alleged negligence on the part of the driver of the Tractor. Through its order, dated 04.12.2000, the Tribunal awarded a sum of Rs.2,89,000/- and apportioned the same among the appellants and respondent No.3. This appeal is filed seeking enhancement of compensation. Heard learned counsel for the appellants and learned counsel for the 2nd respondent. To prove their case, the appellants examined PWs.1 and 2 and filed Exs.A.1 to A.8. No evidence, be it oral or documentary, was adduced by the respondents. The Tribunal recorded a finding to the effect that the accident and the death of the deceased occurred on account of the rashness on the part of the driver of the Tractor. Reliance was placed upon Ex.A.5-FIR in Crime No.11 of 1997, Ex.A.6, post-mortem certificate and A.7-charge sheet. Since no appeal is filed by the respondents herein, the said finding has become final. It is not in dispute that there was a valid insurance certificate issued by the 2nd respondent, covering the liability of the 1st respondent. In determining the quantum of compensation, the Tribunal proceeded on the basis that the deceased was earning a sum of Rs.1,000/-, per month, each, from agriculture and contract works. The fact that the deceased was doing contracts and is a qualified Engineer, is evident from Ex.A.2, certificate and Ex.A.8 the statement showing deduction of income tax at source, while releasing the bills to him. The plea of the appellants that by the time he died, the deceased was executing works to the tune of Rs.5,00,000/- was not rebutted. This Court is of the view that the income of the deceased from the contracts, can safely be taken as Rs.3,000/- per month. If the income through agriculture is added to this, his monthly income would be Rs.4,000/-. Since there are more than four dependants upon him, one-fourth of the same needs to be deducted towards his personal expenditure. Therefore, the loss of dependency would be 3000 x 12, getting Rs.36,000/- per year. The Tribunal has chosen the multiplier “17”, based upon Schedule-II. Same multiplier needs to be applied not only on the basis of Schedule-II, but also the judgment of the Supreme Court in Sarla Verma v. Delhi Transport Corporation[1]. The loss of dependency would be Rs.36,000 x 17 = Rs.6,12,000/-. The Tribunal awarded a sum of Rs.15,000/- towards ‘loss of consortium’ and Rs.2,000/- towards ‘funeral expenses’. If those amounts are added, the total compensation would be Rs.6,29,000/-. Therefore, the compensation is enhanced to that figure. The enhanced amount shall be apportioned among the appellants and the 3rd respondent in the same proportion as directed by the Tribunal. However, it shall carry interest at 6%, per annum, from the date of appeal. The C.M.A. is allowed to the extent indicated above. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:15.11.2011 GJ [1] (2009) 6 SCC 121