THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY MACMA No.77 OF 2009 JUDGMENT: 1 This appeal is directed against the order dated 05.08.2008 in MVOP No.584 of 2006 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge Nalgonda wherein the said claim application filed by the appellants for compensation was allowed in part awarding compensation of Rs.1,65,500/- with interest at the rate of 7.5% p.a. from the date of filing of the petition. 2 Heard the learned counsel for the appellants and the learned counsel for the Respondent-Insurer. Perused the record. 3 The appellants filed the claim application seeking compensation of Rs.3 lakhs for the death of the deceased Gurram Laxmaiah who died in a motor vehicle accident that occurred on 14.06.2006. First claimant is the wife and claimants 2 to 5 are the children of the deceased. According to the claimants on 14.06.2006 the deceased was waiting for bus at Pylon X Road of Pylon Colony and in the meanwhile a TATA Sumo bearing No. AP 5 V 7364 came from Hyderabad side in a rash and negligent manner and dashed against the deceased resulting in the death of the deceased on the spot. In that connection a case in Cr.No.39 of 2006 was registered by Vijayapuri Town Police against the driver of the said vehicle. The claimants plead that the deceased was aged 46 years and was earning Rs.5,000/- per month as a tailor. The first Respondent – owner of the vehicle remained ex parte. The insurer filed a counter opposing the claim and denying their liability. 4 The Tribunal framed the following issues for trial: i. Whether the deceased – Gurram Laxmaiah died in the road accident? If so, whether the accident occurred due to rash and negligent driving of the TATA Sumo bearing No.AP 5 V 7364 by its driver? ii. Whether the Petitioners are entitled to claim compensation for the death of the deceased? if so, to what amount and from whom? iii. To what relief? 5 During the enquiry, P.Ws.1 and 2 were examined and Exs.A.1 to A.7 were marked on behalf of the claimants. No oral evidence was adduced by the insurer. But Ex.B.1 copy of the policy was marked. 6 On a consideration of the material available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the TATA Sumo by its driver. The said finding has become final as no appeal is preferred by the insurer. The Tribunal held that the claimants are entitled for a total compensation of Rs.1,65,500/- with interest at 7.5% p.a. from the date of petition till the date of realization. Not satisfied with the said award, the claimants preferred the present appeal, seeking enhancement of compensation. 7 The only contention raised by the learned counsel for the appellants / claimants is that the deceased was a tailor earning Rs.5,000/- p.m. but the Tribunal has taken the income of the deceased at a very low rate of Rs.1,500/- pm. 8 It is not in dispute that the deceased was aged 46 years and the suitable multiplier is 13 and the same was applied by the Tribunal. Though the claimants contended that the deceased was working as a tailor and was earning Rs.5,000/- p.m. no evidence was adduced in support of the said plea. In the absence of any evidence to show that the deceased was in fact doing tailoring work and was earning Rs.5,000/- p.m. as claimed, the Tribunal was justified in taking the income of the deceased at reasonable rate of Rs.1,500/- p.m. The Tribunal, however, deducted 1/3rd of the income towards the personal expenditure of the deceased. As per the decision of the apex Court in Sarla Verma (SMT) And Others Vs. Delhi Transport Corporation and another[1], where the dependents are numbering to 6, deduction of 1/4th is to be made. In the present case, admittedly, the deceased left behind five dependents, as such, only 1/4th of the income of the deceased can be deducted towards his personal expenses. The contribution of the deceased to the family, would, therefore, come to Rs.1,125/- p.m. Applying the multiplier 13, which is suitable to the age of the deceased, the loss of dependency would come to Rs.1,75,500/- (Rs.1,125/- X 12 X 13). The Tribunal has rightly awarded Rs.2,500/- towards loss of estate, Rs.2,000/- towards funeral expenses and Rs.5,000/- towards loss of consortium as per Schedule II of the Motor Vehicle Act. 9 Thus the claimants would be entitled to a total compensation of Rs.1,85,000/-. The claimants are entitled for interest at 7.5% from the date of petition till the date of realization. The impugned award is modified accordingly. 10 The appeal is allowed partly to the extent stated above. ---------------------------- G.V. SEETHAPTHY, J. 10.06.2011 Kvsn [1] (2009) 6 SCC 121