THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No.2990 of 2005 ORDER: This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment dated 25.06.2005 passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge’s Court, Kurnool, in M.V.O.P.No.666 of 2004, whereby the claim petition filed by the appellants herein/claimants for Rs.3,50,000/- for the death of Shaik Chand Pasha (hereinafter referred to as ‘the deceased’) was allowed partly by awarding a compensation of Rs.1,61,000/- together with proportionate costs and interest 9% p.a. from the date of the claim petition till the date of realization. The claimants filed this appeal seeking enhancement of the compensation awarded by the Tribunal. Brief facts of the case are that on 31.07.2003, the deceased was travelling in a lorry bearing No.KA 05 D 6006 from Kurnool to Anantapur acting as cleaner and when the lorry reached Dhone, due to the rash and negligent driving of the lorry, it hit another lorry, as a result of which the deceased received injuries and was taken to the Government General Hospital, Kurnool for treatment, but on the same day he succumbed to the injuries received by him. Therefore, the appellants, who are wife and minor daughter of the deceased, filed the claim petition before the Tribunal seeking a compensation of Rs.3,50,000/- for the death of the deceased. To prove their claim, the claimants examined P.Ws.1 and 2 and marked Exs.A-1 to A-8 i.e., F.I.R., inquest report, post mortem certificate, M.V.I. report, charge sheet, legal notice, acknowledgement of legal notice and unserved copy of legal notice. The insurance company examined R.W.1. and marked Ex.B-1 policy. The Tribunal, after considering the facts and circumstances of the case and the evidence on record, held that the accident occurred due to the rash and negligent driving of the driver of the lorry bearing No.KA 05 D 6006 and because of the accident only, the deceased died and therefore, the claimants are entitled for compensation. Since the deceased was aged 38 years, the Tribunal took the multiplier ‘16’ as per Schedule II and since the deceased was a cleaner, the Tribunal fixed his annual income at Rs.12,000/- and after deducting 1/3rd towards personal expenses of the deceased, his contribution to the family was calculated at Rs.8,000/- per annum and accordingly, the loss of dependency was calculated at Rs.1,28,000/- (8,000 X 16). The Tribunal awarded further sums of Rs.15,000/- towards consortium, Rs.15,000/- towards loss of estate, Rs.2,500/ towards funeral expenses and Rs.500/- towards transporting the dead body. In all, the Tribunal awarded a compensation of Rs.1,61,000/- with proportionate costs and interest at 9% per annum from the date of the claim petition till the date of realization. The learned counsel for the appellants/claimants submitted that the Tribunal erred in assessing the income of the deceased at Rs.1,000/- per month though the deceased was proved to be working as a cleaner and was earning Rs.4,000/- per month and that the Tribunal applied wrong multiplier. On the contrary, the learned counsel for the insurance company sought to sustain the award of the Tribunal. A perusal of the judgment of the Tribunal shows and as rightly pointed out by the learned counsel for the appellants/claimants, in view of judgment of the Apex Court in Sarla Verma vs. Delhi Transport Corporation[1], (i) the Tribunal ought to have taken income of the deceased at least at Rs.2,500/- per month since he was working as cleaner and therefore, per annum his income comes to Rs.30,000/- and after deducting 1/3rd towards personal expenses, his annual contribution to the family comes to Rs.20,000/-. (iii) the Tribunal ought to have taken the appropriate multiplier ‘15’ since the deceased was aged 38 years. Accordingly, the loss of dependency comes to Rs.3,00,000/- (20000 X 15) and the further sums awarded by the Tribunal i.e., Rs.15,000/- towards loss of estate is reduced to Rs.10,000/- and Rs.15,000/- towards consortium is reduced to Rs.10,000/- and the other sums awarded by the Tribunal shall remain as it is. In all, the appellants are entitled to a total compensation of Rs.3,23,000/- (300000 + 10000 + 10000 + 2500 + 500) for the death of the deceased. Accordingly, the M.A.C.M.A. is allowed enhancing the compensation awarded by the Tribunal from Rs.2,00,000/- to Rs.3,23,000/- which shall carry interest at 6% per annum from the date of the claim petition till realization. _______________________ GHULAM MOHAMMED, J 03rd February, 2011 GHN [1] (2009) 6 SCC 121 = 2009(3) Supreme Today 487