IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD WEDNESDAY, THE TWENTIETH (20TH) DAY OF JULY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.554 of 2009 Between: M/s New India Assurance Co.Ltd., Secunderabad …Appellant And: Smt. N.R.Anitha & others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.554 of 2009 JUDGMENT: This appeal is directed against the order dated 23.07.2002 in OP No.124 of 1999 on the file of the MACT cum I Additional Chief Judge, City Civil Courts, Hyderabad, wherein the said claim application filed by the respondents 1 to 5 herein, was allowed in part awarding compensation of Rs.6,85,000/- with interest at 12% per annum from the date of petition. 2. Heard both sides. Perused the record. 3. The only dispute raised in this appeal is regarding application of suitable multiplier appropriate to the age of the deceased. It is not disputed that the deceased was aged 37 years. The Tribunal has applied multiplier ‘16’ and arrived at the loss of dependency in a sum of Rs.6,40,000/- by taking the contribution of the deceased to the family at Rs.40,000/- per year, after deducing 1/3rd towards personal expenses from a total assessed income of Rs.60,000/-. 4. As per the recent decision of the Apex Court in Sarla Varma’s case [(2009)6 SCC 121], the appropriate multiplier suitable to the age of the deceased is ‘15’. Applying the same to the income of the deceased as assessed by the Tribunal, the loss of dependency works to Rs.6,00,000/- (Rs.40,000/- x 15). The Tribunal further awarded a sum of Rs.15,000/- towards loss of estate, Rs.10,000/- towards loss of consortium and Rs.10,000/- towards loss of love and affection to each of the two children. As per the II schedule of the Motor Vehicles Act, the first claimant is entitled for Rs.5000/- towards loss of consortium, and the claimants are entitled for a sum of Rs.2500/- towards loss of estate and Rs.2000/- towards funeral expenses, which comes to Rs.9,500/-. Thus, in all, the claimants are entitled for a sum of Rs.6,09,500/- towards compensation. The interest awarded by the Tribunal at 12% per annum is also on higher side and unsustainable, in view of the decision of the apex Court in Sarla Varma’s case (supra). The claimants are entitled for interest at 6% per annum from the date of petition on the compensation of Rs.6,09,500/-. The impugned award is modified accordingly. 5. In the result, the appeal is disposed of accordingly. No order as costs. __________________ G.V.SEETHAPATHY, J Date: 20.07.2011 bss