IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.435 of 2008 Date:14.07.2011 Between: Gadela Mahalakshmmamma and another .....Appellants AND Navatha Youth Association, rep. By its Organiser Pradhana Janardhana, Srikakulam District and another ....Respondents THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.435 of 2008 JUDGMENT: Aggrieved by the order and decree dated 24.5.2007 passed in M.V.O.P.No.352 of 2004 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Srikakulam, the present CMA is filed. The case of the petitioners is that they filed an application under Section 166 of Motor Vehicles Act before the Tribunal below claiming compensation of Rs.2,00,000/- on the ground that their son G. Rama Murthy, aged about 19 years died in a motor accident occurred on 20.12.2001 near three road junction of Nowpada village at about 8.45 a.m due to rash and negligent driving of an auto bearing No.AP 30 T 6430 by its driver, while travelling in the said auto to discharge his duty as cleaner. While evaluating both oral and documentary evidence, the Tribunal below awarded total compensation of Rs.1,53,000/- to the petitioners against the respondents 1 and 2 holding that they are jointly and severally liable to pay the said compensation with proportionate costs along with interest @ 7.5% p.a from the date of petition till the date of realisation. Aggrieved by the same, the present appeal is filed by the claimants. The learned counsel appearing for the appellants mainly urged that the Tribunal below wrongly assessed the compensation while deducting 1/3rd towards personal expenses of the deceased instead of deducting 50% towards personal expenses as the deceased being unmarried and sought for enhancement of compensation. The learned counsel for the respondents, while supporting the order passed by the Tribunal, sought for dismissal of the appeal. Now the point that arises for consideration is whether the claimants are entitled for enhancement of compensation? Admittedly the deceased is aged about 19 years and he is unmarried by the date of accident. In a case of this nature, the age of the mother of the deceased is to be taken into consideration for applying multiplier while awarding compensation. The age of the mother of the deceased as per the evidence before the Tribunal below is 35 years and the Tribunal also held the same. Admittedly, the deceased was a cleaner and was getting salary in that profession. The Tribunal below, while considering the circumstances and the earning capacity of the deceased, has taken the income of the deceased as Rs.2,000/- per month which comes to Rs.24,000/- per annum. By applying the principles as laid down in Sarala Verma and others and Delhi Transport Corporation and others[1], if the deceased is unmarried, 50% of the income shall be deducted towards personal expenses. So the net contribution to the family in the present case would be Rs.12,000/- per annum. The multiplier applicable to the age of the mother of the deceased is ‘16’ as adopted by the Tribunal. If Rs.12,000/- is multiplied by multiplier-16, it comes to Rs.1,92,000/-. So the petitioner is entitled to Rs.1,92,000/-. Further, they are also entitled for compensation towards the loss of estate and towards the funeral expenses. The Tribunal below awarded an amount of Rs.15,000/- towards loss of estate and another sum of Rs.10,000/- towards funeral expenses and transportation etc. In my view, the said award is just and reasonable. In total, the claimants are entitled to Rs.2,17,000/- (Rs.1,92,000/- + Rs.15,000/- + Rs.10,000/-) towards the compensation under all the heads. However, as the claimants made the claim before the Tribunal for Rs.2,00,000/-, the award of compensation is restricted to Rs.2,00,000/- only. Accordingly, the appeal is partly allowed enhancing the compensation from Rs.1,53,000/- to Rs.2,00,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realisation. No costs. _________________ K.S.APPA RAO,J Date: 14th July, 2011. Gk THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.435 of 2008 Date: 14.07.2011 Gk. [1]( 2009) 6 SCC 121