THE HON’BLE SRI JUSTICE R.KANTHA RAO. Dated this the 18th day of December, 2009. C.M.A.NO. 3489 OF 2000. Between: Korupolu Vani and two others. ……..Appellants. vs. P.Eswara Rao and two others. ……..Respondents. THE HON’BLE SRI JUSTICE R.KANTHA RAO. C.M.A.NO. 3489 OF 2000 JUDGEMENT I have heard the learned Counsel for the appellants and the learned Counsel for the 3rd respondent insurance company. Aggrieved by the Order and Decree dt. 24.7.2000 in MVOP.No. 853 of 1997 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Visakhapatnam, the claimants filed the present appeal. On account of the death of the deceased in a motor accident occurred on 27.7.1997, the appellants filed a claim petition before the learned Tribunal below seeking compensation of Rs. 4,00,000/- against which the Tribunal awarded a sum of Rs. 2,00,00/- from which the Tribunal deducted a sum of Rs. 50,000/- towards no fault liability and thereby held that the appellants are entitled to a compensation of Rs. 1,50,000/-. The Tribunal below took the age of the deceased as 39 years, which was mentioned in the post-mortem report and the said fact is not in dispute. The Tribunal accepted the contention of the appellants that the deceased was working as a Home Guard and also as a motivator in Sahara India Finance Corporation Limited. Pw.1 who is the wife of the deceased stated in her evidence before the Tribunal that the deceased was working as a Home Guard and was earning a sum of Rs. 10,000/- p.m. apart from earning a sum of Rs. 4,000/- p.m. by working as a Motivator in Sahara India Finance Corporation and in support of her version, she filed Ex:A.6, salary certificate issued by the Inspector of police to the effect that the deceased was being paid an amount of Rs. 31/- per day whenever the work is available and Ex:A.7 the salary certificate issued by Sahara India Finance Corporation Limited. After appreciating the evidence on record, the Tribunal held that the deceased was earning a sum of Rs. 1,000/- p.m. by working as a Home Guard. Further, the Tribunal below held that as the deceased was not a permanent employee of Sahara India Finance Corporation and as there was no evidence in support of the evidence of Pw.1 that the deceased was earning a sum of Rs. 4,000/- p.m. by working as a Motivator and since the deceased was getting only the commission on the business turned out by him, the deceased was earning a sum of Rs. 500/- p.m. by working as a Motivator and computed total earnings of the deceased at Rs. 1,500/- p.m. Since the Tribunal below recorded a finding with regard to the income of the deceased basing on the evidence available on record, I do not find any ground to interfere with the said finding in this appeal. However, the Tribunal below instead of taking the multiplier 16, which is mentioned in the II Schedule, erroneously applied multiplier 14 and therefore the multiplier can be altered in this appeal. By applying multiplier 16 which is mentioned in II Schedule to Section 163-A of the Motor Vehicles Act, the compensation can be calculated as under: The monthly income of the deceased was Rs. 1500/- and the annual income comes to Rs. 18,000/-. Out of this amount if 1/3rd is to be deducted towards his personal expenditure, it comes to Rs. 12,000/-p.a. If the annual income of Rs. 12,000/- is capitalized with 16 multiplier, it comes to Rs. 1,92,000/-. This apart, the Tribunal granted a sum of Rs. 15,000/- towards loss of estate and a further sum of Rs. 15,000/- towards loss of consortium to the 1st appellant, who is the widow and a further sum of Rs. 2000/- was granted towards funeral expenses. Thus, total compensation comes to Rs. 2,24,000/-, from which an amount of Rs. 50,000/- has to be deducted towards no fault liability. Then the compensation comes to Rs. 1,74,000/-. Thus, the enhancement of compensation would be Rs. 24,000/-. The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. In the result, the appeal is partly allowed as indicated above. ____________________ R.KANTHA RAO,J 18.12.2009. Krb. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.NO. 3489 OF 2000 DT. 18.12.2009.