JUDGMENT

This appeal is filed by the appellants/claimants challenging the award and decree dated 01.04.2010 passed in M.V.O.P.No.402 of 2008 by the Motor Accidents Claims Tribunal-cum-District Judge, at Khammam (for short “the Tribunal”), wherein the Tribunal granted a total compensation of Rs.7,00,000/- with interest @ 7.5% per annum from the date of petition till the date of realization as against the claim of Rs.15,00,000/- for the death of one Narayana Swamy (hereinafter referred as “the deceased”) in a motor vehicle accident.

2. The brief facts of the case are that on 08.09.2007, at about 07.30 A.M., the deceased was driving his motorcycle bearing No.AP-20-H-8480 and when it reached near 2 incline, Ramavaram Centre, the respondent No.1 drove his motor cycle bearing No.AP-20-M-5695 (hereinafter referred as “crime vehicle”) in a rash and negligent manner and dashed against the deceased, due to which he fell down and died on the spot. The police of Kothagudem II Town PS registered a case in Crime No.98 of 2007 against the driver of the crime vehicle and after completion of investigation, filed charge sheet. The claimants filed the aforesaid claim petition seeking compensation of Rs.15,00,000/- for the death of the deceased. Upon evaluating the oral and documentary evidence, the Tribunal held that the accident occurred solely due to the rash and negligent driving by the driver of the crime vehicle and awarded an amount of Rs.7,00,000/- with interest @ 7.5% per annum from the date of petition till the date of realization. Dissatisfied with the quantum of compensation awarded, the present appeal is filed by the appellants-claimants.

3. Considered the submissions of learned counsel for the respective parties and perused the record.

4. As seen from the material placed on record, the accident and involvement of the crime vehicle are not in dispute. The primary grievance of the appellants is with regard to quantum of compensation. It is the case of the appellants that the deceased was aged about 52 years at the time of death and as per Ex.A.7–salary certificate, the deceased was earning Rs.10,000/- per month and accordingly, the annual income is Rs.1,20,000/- and after deducting 1/4 th towards personal expenses, the contribution to the family comes to Rs.90,000/- per annum. Further, the Tribunal, by placing reliance on the decision in Bhagwandas vs. Mohd. Arif¹AIR 1988 AP 99, applied multiplier “7” and awarded an amount of Rs.6,30,000/- (Rs.90,000 × 7) towards loss of dependency. Apart from that, the Tribunal awarded Rs.25,000/- towards loss of consortium, Rs.25,000/- towards loss of love and affection and Rs.20,000/- towards loss of estate, transportation and funeral expenses and in total awarded a sum of Rs.7,00,000/- (Rs.6,30,000/- + Rs.25,000/- + Rs.25,000/- + Rs.20,000/-) with interest @ 7.5% per annum. However, the Tribunal erred in applying the appropriate multiplier. As per the decision in Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121 the appropriate multiplier for the age group of 51–55 years is “11” but not “7”. Applying the correct multiplier ‘11’, the loss of dependency is assessed at Rs.9,90,000/- (Rs.10,000/- x 12 x 3/4 x 11). Further, in view of the principles laid down by the Hon’ble Supreme Court in Pranay Sethi v. National Insurance Co. Ltd., AIR 2017 SC 5157 the appellants are entitled to Rs.91,000/- (Rs.70,000/- with 10% enhancement for every three years) under conventional heads. Accordingly, the total compensation is re-calculated at Rs.10,81,000/- (Rs.9,90,000/- + Rs.91,000/-).

5. In the result, this appeal is partly-allowed and the compensation awarded by the Tribunal is enhanced from Rs.7,00,000/- to Rs.10,81,000/- with interest @ 7.5% per annum from the date of the claim petition till the date of realization. The remaining terms and conditions imposed by the Tribunal shall stand unaltered. No order as to costs.

As a sequel, the miscellaneous petitions