THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A.No. 3906 of 2003 JUDGMENT: Being aggrieved against the Order and decree dated 11.9.2001 passed in O.P.No. 673 of 1998 on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Nizamabad, the present C.M.A. is filed. The appellants herein are the petitioners in O.P.No. 673 of 1998. They filed petition claiming compensation of Rs. 4,00,000/- for the death of the deceased Shaik Ahmed in a motor vehicle accident on 24.6.1998. The tribunal below while evaluating the evidence of P.Ws. 1 to 3 granted compensation of Rs. 3,36,000/-. Having aggrieved with the said finding, the present C.M.A. is filed. The counsel appearing for the appellant mainly urged that the tribunal wrongly applied the multiplier 17 instead of 18 and therefore, the amount of compensation granted by the tribunal below is meager. Now the point for consideration is whether the appellants are entitled for enhancement of compensation. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. The factum of accident was not disputed. Before the tribunal besides the wife of the deceased as P.W.1, P.Ws.2 and 3 were examined, Exs.A-1 to A-3 documents were marked. According to P.W.1, her husband was earning Rs. 3,000/- per month apart from batta of Rs. 50/- per day as a cleaner-cum- worker on the lorry of respondent No.1 and he was hale and healthy on the date of the accident. Admittedly, as per inquest report, the age of the deceased was 25 years. Though the petitioners urged that the deceased was earning Rs. 3,000/- per month, no documentary evidence was filed to that effect. However, the tribunal below fixed the earning capacity of the petitioner as Rs. 2,400/- per month. After 1/3rd was deducted towards the personal expenses of the deceased, the net contribution of the deceased to the petitioners comes to Rs. 1,600/- per month which comes to Rs. 19,200/- per annum. Thus the loss of estate of the deceased is computed as under: Rs. 19,200/- x 18(multiplier applied to the age of 25 years) which comes to Rs. 3,45,600/-. The tribunal below also granted a sum of Rs.3,600/- towards the funeral expenses and Rs. 6,000/- as compensation under the loss of estate, but failed to grant compensation towards the consortium as petitioner is the wife of the deceased. She lost her husband at her young age. Therefore, granting of Rs. 10,000/- towards the loss of consortium is just and reasonable in the present case. With this modification, the C.M.A. is allowed granting compensation of Rs. 3,65,200/-. In total an amount of Rs. 3,65,200/- is awarded against the sum of Rs. 3,36,000/- awarded by the tribunal below. The tribunal granted interest @ 12% per annum and the same is reduced to 6% per annum from the date of the petition till the date of realization as per the decision reported in SARLA VERMA (SMT) & OTHERS Vs. DELHI TRANSPORT CORPORATION & OTHERS[1]. With this modification, the C.M.A. is allowed. ___________________ 1.4.2011 CHV [1] 2009(6) S.C.C. 121