THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No.2257 of 2006 ORDER: This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment dated 12.06.2006 passed by the Motor Accidents Claims Tribunal-cum-XXII Additional Chief Judge, City Criminal Court, Hyderabad, in O.P.No.679 of 2004, whereby the claim petition filed by the appellants herein/claimants for Rs.5,00,000/- for the death of Athkuri Yellaiah (hereinafter referred to as ‘the deceased’) was allowed partly by awarding a compensation of Rs.2,00,000/- with proportionate costs and interest at 7.5% from the date of the claim petition till the date of deposit of compensation. In this appeal, the claimants seek enhancement of the compensation awarded by the Tribunal. Brief facts of the case are that on 11.01.2004, the deceased along with three others were travelling in an auto bearing No.AP 36 V 7329 from Bachannapet to Kodavatur and when the auto reached Kodavatur X roads, a lorry bearing No.AP 15 U 9192 came in opposite direction and dashed the auto, as a result of which the deceased and another died on the spot and others sustained injuries. Therefore, appellants, who are wife, children and mother of the deceased, filed the claim petition before the Tribunal for a compensation of Rs.5,00,000/- for the death of the deceased. To prove their claim, the claimants examined P.Ws.1 to 4 and marked Exs.A-1 to A-7 i.e., F.I.R., charge sheet, inquest report, post mortem report, M.V.I. report, ration card and income certificate. The insurance company examined no witness, however, marked Ex.B-1 insurance policy. The Tribunal, after considering the facts and circumstances of the case and the evidence on record, held that the accident occurred due to the rash and negligent driving of the driver of the lorry and because of the accident only, the deceased died and therefore, the claimants are entitled for compensation. Since the deceased was aged 35 years at the time of the accident, the Tribunal took the multiplier ‘17’ as per Schedule II and since the deceased was an agriculturist, the Tribunal fixed his annual income at Rs.15,000/- and after deducting 1/3rd towards personal expenses of the deceased, his contribution to the family was calculated at Rs.10,000/- per annum and accordingly, the loss of dependency was calculated at Rs.1,70,000/- (10,000 X 17). The Tribunal awarded further sums of Rs.2,000/- towards funeral expenses, Rs.10,000/- towards loss of estate and Rs.15,000/- towards loss of consortium. In all, the Tribunal awarded a compensation of Rs.2,00,000/- (a sum of Rs.1,97,000/- was rounded to Rs.2,00,000/-) with proportionate costs and interest at 7.5% per annum from the date of the claim petition till date of deposit of compensation. The learned counsel for the appellants/claimants submitted that the Tribunal erred in assessing the income of the deceased at Rs.15,000/- per annum though P.Ws.1 to 4 deposed that the deceased was attending to civil constructions work as thapi maistry and was earning Rs.5,000/- per month. On the contrary, the learned counsel for the insurance company sought to sustain the award of the Tribunal. A perusal of the judgment of the Tribunal shows and as rightly pointed out by the learned counsel for the appellants/claimants, in view of judgment of the Apex Court in Sarla Verma vs. Delhi Transport Corporation[1], (i) the Tribunal ought to have taken income of the deceased at least at Rs.2,500/- per month since he used to attend construction work and therefore, per annum his income comes to Rs.30,000/-. (ii) the Tribunal ought to have deducted 1/4th from towards personal expenses since in case of death of a married person leaving behind number of dependant family members between 4 and 6, 1/4th of the income of the deceased shall be deducted towards his personal expenses and after deducting 1/4th towards personal expenses, his annul income comes to Rs.22,500/-. (iii) the Tribunal ought to have taken the appropriate multiplier ‘16’ instead of ‘17 since the deceased was aged 35 years at the time of the accident. Accordingly, the loss of dependency comes to Rs.3,60,000/- (22500 X 16) and the further sums awarded by the Tribunal i.e., Rs.15,000/- towards consortium is reduced to Rs.10,000/- and the other sums awarded by the Tribunal shall remain as it is.. In all the appellants are entitled to a total compensation of Rs.3,82,000/- (360000 + 10000 + 10000 + 2000) for the death of the deceased. Accordingly, the M.A.C.M.A. is partly allowed enhancing the compensation awarded by the Tribunal from Rs.2,00,000/- to Rs.3,82,000/- which shall carry interest at 7% per annum from the date of the claim petition till realization. _______________________ GHULAM MOHAMMED, J 03rd February, 2011 GHN [1] (2009) 6 SCC 121 = 2009(3) Supreme Today 487