THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No.2475 of 2011 JUDGMENT:- The appeal is filed against the award dated. 18-01-2005 in O.P.No.120 of 1999 on the file of the court of Motor Accident Claims Tribunal-cum-III Additional District Judge, Nizamabad. The claim was made for a compensation of Rs.6 lakhs consequent on the death of the deceased Minavath Tharya in a motor accident on 15- 01-1999. He was said to be travelling in a Jeep bearing No.AP-25-T- 5661 on the date of the incident and when the jeep reached at Dichpally gate on Hyderabad to Nagpur road, N.H.7, a lorry bearing No.AP25 T 4317 came in a rash and negligent manner and dashed against the jeep, as a result of which, he succumbed to injuries. The deceased was said to be having agricultural land and earning Rs.6,000/- per month. The first petitioner is the wife and the second petitioner is the mother and third petitioner is the son. They are all dependents upon him. The first respondent is the owner of the lorry and the second respondent is the Insurance Company. Both of them have denied the nature of the incident and put the petitioners strict proof with regard to earning capacity of the deceased; the age and the dependency. After considering the evidence of PWs.1 to 4 and Exs.A-1 to A-6 and also Exs.B-1 and B-2, the Tribunal has granted a compensation of Rs.2,60,000/-. Being aggrieved by the said award, the present appeal is filed. Now the point that arises for consideration is:- Whether the compensation awarded by the lower tribunal is just and reasonable? POINT:- So far as the nature of the incident and the cause of the accident is concerned, there is not of much dispute and the Insurance Company has not challenged the award. So far as the income is concerned, though the petitioners claimed that the deceased was earning a sum of Rs.6,000/- per month, the lower Tribunal taking into consideration the agricultural holding of the deceased fixed his income as Rs.3,000/- per month and consequently fixed the contribution at Rs.24,000/- per annum. The lower Tribunal has taken the age of the deceased as “45” and applied multiplier “10.45”, but, in view of the judgment of the Supreme Court in Sarla Verma and others Vs. Delhi Transport Corporation and another ([1]), the multiplier for the deceased who is aged 45 would be “14”. If the multiplier “14” is applied, the compensation would arrive at Rs.3,36,000/-. The petitioners will be entitled to non-pecuniary damages of Rs.10,000/- and as the first petitioner has lost her husband, she is entitled for a further sum of Rs.10,000/-; towards loss of consortium the petitioners will be entitled a sum of Rs.2,000/-; towards the funeral expenses as granted by lower Tribunal, the petitioners will be entitled to Rs.2,000/-. Thus, the total compensation to which the petitioners will be entitled is Rs.3,58,000/- in stead of Rs.2,60,000/- granted by the lower Tribunal. The petitioners will be entitled to interest @ 6% on the enhanced amount. Accordingly, the appeal is partly allowed. The appellants/petitioners are entitled for a sum of Rs.3,58,000/- towards total compensation in stead of Rs.2,60,000/- as granted by the lower Tribunal. Further, the petitioners will be entitled to the interest on the enhanced compensation @ 6% from the date of this order till realisation. _______________________ N.R.L. NĀGESWARA RĀO,J 28-10-2011 TSNR [1] 2009 ACJ 1298