1994 Supreme(AP) 376

Andhra Pradesh High Court
Judges : P.L.N.SHARMA, MOTILAL B.NAIK
A.P.S.R.T.C, Nellore - Appellant
Versus
Gali Aruna - Respondent
C.M.A. No. 1585/90
Decided On : 08-29-94
Advocates Appeared :
Mr. P. Gangarami Reddy,Mr. K. Niladri Raju

Headnote:MOTOR VEHICLES ACT, 1939 - Sec. 110-A - Death of a Bank Officer aged 32 years due to an accident caused to his scooter by a bus Deceased drawing salary of RS.4,256/- p.m. at the time of death as per new scale of pay - Multiplier applicable is 14 and 1/3rd amount is deductible from salary towards personal expenses - Claimants are not entitled to funeral expenses and any amount under the head of pain and suffering of dependants - Compensation for loss of consortium to wife of deceased should be fixed at RS.15,000/- and for loss of estate at RS.15,000/-.

       Held :- In this case, having regard to the salary certificate, the multiplicand will have to be estimated taking into consideration the new scales of pay which the deceased would have got with arrears, but for his death. If the new scales of pay are taken into consideration, the amount which he would have drawn will come to Rs.4,258-60 ps. rounded of to Rs.4,258/- per month. From this amount 1/3rd amount is deductible towards personal living expenses which the deceased would have spent on himself. When so deducted, the amount of loss of dependency per month comes to Rs.2,840/- per annum it comes to Rs.34,080/-. This is the multiplicand arrived at per annum. The deceased on the date of the accident was aged about 32 years. The relevant multiplier will be 14, the loss of dependency comes to Rs. 4,77,120/-. Therefore, the tribunal below is not right in granting a sum of Rs. 5,40,000/- under this head. Granting a sum of Rs. 5,000/- towards funeral expenses by the Tribunal is not sustainable. The order of the Tribunal below granting a sum of Rs. 10,000/- towards pain and suffering on the part of the dependants is not sustainable. The amount of compensation granted by the Tribunal below for the loss of consortium at Rs. 10,000/ - is increased to Rs.15,000/-. The claimants are also entitled to a sum of Rs.15,000/ - towards loss of estate.