THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.2242 of 2005 JUDGMENT: The appellant-claimants filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the order, dated 31.03.2004, passed in O.P.No.252 of 2002 by the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Nellore (for short ‘the Tribunal’). 2. The appellants-claimants are the legal representatives of one Gorlagunta Kameswara Rao, who succumbed to the injuries sustained by him in a road accident occurred on 11.04.2002 at about 6.00 PM near Arrack Shop Centre, Podalakur road, due to hit by a lorry bearing No.AP 16/U-5882 on account of rash and negligent driving of its driver. The claimants filed the above said O.P., claiming compensation of Rs.6,00,000/-payable by respondents 1 and 2 being owner and insurer of the crime vehicle. Respondent No.2-insurer filed counter denying the averments made in the claim petition. By the order impugned, the Tribunal awarded compensation of Rs.1,84,000/- with proportionate costs and interest at 9% per annum payable by respondent Nos.1 and 2 jointly and severally from the date of the petition till the date of realisation. Dissatisfied with the quantum of compensation, the claimants filed the present appeal. 3. Heard the learned counsel for the appellants and the learned counsel for respondent No.2. 4. Learned counsel for the appellants-claimants contended that though the deceased was earning a sum of Rs.10,000/-per month by doing real estate business at the time of the accident, the Tribunal, without considering Ex.A6-certificate, erred in taking the income of the deceased at Rs.18,000/-per annum and awarded less compensation to the claimants. 5. Learned counsel for respondent No.2-insurer contended that Ex.A-6 was issued by the Chairman, Green City Avenues Private Limited, Hyderabad, for the purpose of commission and it is not a salary certificate. 6. P.W.3-the Manager, Green City Avenues Private Limited, stated in his evidence that the deceased was earning a sum of Rs.10,000/-per month towards commission. Ex.A6 is a certificate, dated 01.06.2002, issued by the Chairman, Green City Avenues Private Limited, shows that it was issued for the purpose of commission, but not salary. Therefore, the Tribunal assessed the income of the deceased at Rs.18,000/-per annum. Since the deceased was working as Commission Agent at the time of accident, it would be appropriate to take his monthly income at Rs.2,500/-per month and annually at Rs.30,000/-. If 1/3rd from it is deducted towards his personal expenses, it comes to Rs.20,000/- per annum. Since the age of the deceased was 40 years as per Ex.A4-post mortem report, the appropriate multiplier for the said age group, as per the decision of the Apex Court in SARALA VERMA v. DELHI TRANSPORT CORPORATION[1], is ‘15’. Then, the loss of dependency comes to Rs.20,000x15= Rs.3,00,000/-. In addition to it, a sum of Rs.10,000/-towards loss of consortium and Rs.10,000/-towards loss of estate are also awarded. In total, a sum of Rs.3,20,000/- is awarded to the claimants. Thus, the compensation is enhanced from Rs.1,84,000/- to Rs.3,20,000/-. The enhanced compensation shall carry interest at 7% per annum from the date of the petition till the date of realisation. The award of the Tribunal in all other aspects shall remain unaltered. 7. With the above modification, the Civil Miscellaneous Appeal is allowed in part. No costs. _____________________ GHULAM MOHAMMED, J Date:10.02.2011 sj [1] (2009) 6 SCC 121