THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1827 of 2011 JUDGMENT: The present appeal is filed against the order dated 06.04.2004 in M.V.O.P.No.40 of 2001 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Kadapa, whereunder consequent on the death of the deceased L.Chinna Subba Reddy in a motor accident. A compensation claim was made for recovery of Rs.3,00,000/- and the lower Tribunal has granted a sum of Rs.2,90,000/-. According to the case of the claimant, the deceased along with others were traveling in an Allwyn van bearing No.KA05-A-6000 on 02.12.2000 with flowers and due to the puncture of van tyres they shifted to Tempo bearing No.KA-40-6768 and on 03.12.2000 at 4.30 AM when the tempo reached near Arasanahalli gate on National Highway No.7, the lorry bearing No.KA-22-A-7086 driven by its driver in a rash and negligent manner, dashed against the tempo in opposite direction. Due to which the deceased along with others received injuries and claim applications were filed before the lower Tribunal and all the Original Petitions were tried together and compensation was granted. In order to substantiate the evidence about the rashness and negligence of the driver of the said lorry, the individual injured persons, who were traveling in the tempo, were examined apart from the F.I.R. and charge sheet were also exhibited and the lower Court has accepted the evidence. The Insurance Company though challenges the same, there is no reason to discard the evidence available on record and consequently it has to be held that the deceased died in a motor accident due to the rash and negligent driving of the driver of the lorry. The learned counsel for the appellant contends that the lower Tribunal has fixed the income of the deceased at Rs.1,650/- per month, which is excessive. The lower Tribunal has taken into consideration the minimum wages and even otherwise the income of a labourer is about Rs.1,500/- per month and, therefore, fixing of the income of the deceased to be Rs.1,650/- cannot be said to be incorrect. But, however, the lower Tribunal has deducted only a sum of Rs.250/- for his personal expenses. This is against the settled principles of law. Evidently, the dependants on the deceased were three minor children, wife and the mother and there are totally 5 dependants and a deduction of 1/4th has to be made from his income. The contribution to the family, therefore, comes to Rs.14,850/- annually. The age of the deceased was said to be ‘36’. The lower Tribunal has applied the multiplier ‘16’ and as per the decision of the Hon’ble Supreme Court in the case of SARLA VERMA (SMT) AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER[1], the multiplier to be applied is ‘15’. Therefore, the compensation for the dependants comes to Rs.2,22,750/-. The lower Tribunal has also considered the sum of Rs.10,000/- towards loss of consortium and Rs.10,000/- towards loss of non-pecuniary damages. Hence, the total compensation comes to Rs.2,42,750/- (Rupees two lakhs forty two thousand seven hundred and fifty only) rounded off to Rs.2,45,000/- (Rupees two lakhs forty five thousand only). The lower Tribunal has granted interest at 9% per annum. However, in view of the settled proposition of law, the interest shall be granted at 7.5% per annum from the date of petition. Accordingly, the appeal is partly allowed. Each party to bear their own costs. ________________________ N.R.L.NAGESWARA RAO, J 27-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 1827 of 2011 DATE: 27-07-2011 MR [1] (2009) 6 Supreme Court Cases 121