IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.2973 of 2003 DATE:21.01.2011 Between: Smt.Yadamma and others …… Appellants And Valmik Venkat Kamble and others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.2973 of 2003 JUDGMENT: The appellants are claimants who are daughters and sons of the deceased Sara Balaji who died in motor accident which took place on 01.11.1998 when there was collision between auto bearing No.AP 28T 9434 and jeep bearing No.AP 28 T 396. There is no dispute about the accident. There is no dispute about the accident taking place due to rash and negligent driving of jeep bearing No.AP 28T 396. There is also no dispute about insurance coverage for the accident jeep with the 2nd respondent. The dispute is only with regard to the quantum of compensation. The Motor Accident Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy by award dated 07.11.2002 in M.V.O.P.No.37 of 1999 awarded compensation of Rs.1,17,500/- to the claimants as against their claim of Rs.2,25,000/-. 2) The deceased was a butcher. The lower Tribunal arrived at his income as Rs.3,000/- per month and deducted 1/3 of his income towards his personal expenditure. The said deduction is proper even though the claimants are six in number because the deceased was not having wife and because three of the daughters are married daughters. The lower Tribunal selected multiplier for the age of 55 years of the deceased at 4.27. The appellants’ counsel placing reliance on Sarla Verma V. Delhi Transport Corporation[1], contended that the multiplier should have been 11 and not 4.27. If the compensation is calculated with 11 as multiplier, then the total amount of pecuniary compensation itself goes beyond the claim of the claimants. Apart from that, the claimants are entitled for non-pecuniary compensation. Having regard to the claim of the claimants in their claim petition, the compensation should be limited to their claim of Rs.2,25,000/-. 3) In the result, the appeal is allowed altering compensation amount from Rs.1,17,500/- to Rs.2,25,000/-. No costs. _______________________________ SAMUDRALA GOVINDARAJULU, J January 21, 2011 ksh [1] (2009)6 SCC 121