THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. Nos.1250 and 1412 of 2005 COMMON ORDER: These two appeals, one filed by the insurance company i.e., M.A.C.M.A.No.1250 of 2005 seeking to decrease the compensation awarded and another filed by the claimants i.e., M.A.C.M.A.No.1412 of 2005 seeking enhancement of the compensation awarded are directed against the judgment dated 20.08.2004 passed by the Special Judge for Trial Cases under E.C. Act-cum-III Additional Metropolitan Sessions Judge-cum-XVII Additional Chief Judge-cum-Motor Vehicle Accidents Claims Tribunal, Hyderabad in O.P.No.453 of 2002, whereby the claim petition of the claimants was allowed in part by awarding a compensation of Rs.1,72,500/-. Brief facts of the case are that on 14.01.2002 at 4.30 p.m., when one Ramesh was proceeding towards Siddipet on his Kawasaki motor cycle bearing No.AP 28H 8283 on the left side of the road along with one Poloji Ramesh as pillion rider, at Venkataramana Filling Station of Ponnala, lorry bearing No.AP 15 T 97 being driven by the driver with high speed and in a rash and negligent, dashed the motor cycle from behind, due to which the said Ramesh and the pillion rider fell down and received fatal injuries and died on the spot. Therefore, the legal representatives of the said Ramesh filed the claim petition before the Tribunal claiming a compensation of Rs.3,00,000/- for the death of the deceased. To prove their claim, the claimants examined P.W.1 and marked Exs.A-1 to A-3 i.e., F.I.R., inquest report and postmortem report. The insurance company examined no witness, however marked Ex.B-1 – insurance policy. The Tribunal, after considering the facts and circumstances of the case and the evidence on record, observed that the accident occurred due to the rash and negligent driving of the driver of the lorry and because of the accident only, the deceased died and therefore, the claimants are entitled for compensation. Since the deceased was aged 22 years and though he claimed to be attending to centring work and earning Rs.5,000/- per month, the Tribunal has taken his income at Rs.15,000/- per annum and after deducting 1/3rd towards self contribution, a sum of Rs.10,000/- per annum was arrived at towards contribution to the family. Considering the age of the deceased, the Tribunal adopted the multiplier ‘17’. Accordingly, the loss of earnings and dependency was arrived at Rs.1,70,000/-. The Tribunal awarded further sums of Rs.2,000/- towards funeral expenses and Rs.500/- towards transportation charges. In total, the Tribunal awarded a compensation of Rs.1,72,500/- with interest at 9% per annum from the date of the claim petition till realization. Considering the facts and circumstances of the case and the submissions of the learned counsel for both sides, especially since the deceased was aged 22 years and was earning sufficient income, his income shall be taken at Rs.2,500/- per month, which comes to Rs.30,000/- per annum and after deducting 50% of the income towards personal expenses, Rs.15,000/- per annum shall be taken for calculating the loss of dependency and since the age of the deceased was 22 years and he was a bachelor, it is reasonable to believe that his mother’s age would be 55 years and accordingly the multiplier of ‘11’ shall be applied as per Sarla Verma vs. Delhi Transport Corporation[1]. Accordingly, the compensation of Rs.1,65,000/- (15,000 X 11) is arrived at towards loss of dependency. This Court grants further sums of Rs.10,000/- towards loss of estate, Rs.10,000/- towards love and affection and Rs.2,000/- towards funeral expenses. The interest awarded by the Tribunal is reduced to 7% per annum as per Sarla Verma’s case. Accordingly, the M.A.C.M.As. are partly allowed enhancing the compensation to Rs.1,87,000/- (1,65000 + 10,000 + 10,000 +2,000) which shall carry interest at 7% per annum from the date of the claim petition till realization. No costs. _______________________ GHULAM MOHAMMED, J 29th July, 2010 GHN [1] (2009) 6 SCC 121 = 2009(3) Supreme Today 487