IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8432 OF 2009
(Arising out of SLP(C) No.6153/2009)
PODDUTOORI LALITA DEVI AND ANR. Appellant(s)
:VERSUS:
A.P.S.R.T.C. REP. BY MANAGING DIRECTOR
AND ANR. Respondent(s)
O R D E R
Leave granted.
Heard the learned counsel appearing on behalf of
the parties.
This appeal is directed against the judgment and
order dated 26.3.2008 passed by the High Court of
Judicature, Andhra Pradesh at Hyderabad in Civil Misc.
Appeal No.2594/2002.
Brief facts which are necessary for disposal of
this appeal are recapitulated as under:
-2-
Poddutoori Ram Reddy son of Limba Reddy of
Nizamabad District was killed in a motor accident which
took place on 27.5.1999 at 11.20 a.m. near Nizamabad-
Nagpur-Hyderabad Chowrasta on National Highway No.7, at
a distance of about 1= Kms. towards East from the Police
Station Dichpally, District Nizamabad. On the date of
the accident, the age of the deceased was 48 years. His
annual income after deduction of personal expenses, was
computed at Rs.84,000/-.
The Motor Accidents Claims Tribunal applied the
multiplier of 13 and awarded a total compensation
Rs.10,92,000/-. In addition to this amount, the
appellants were granted Rs.15,000/- towards the loss of
estate and Rs.2,500/- towards funeral expenses. An amount
of Rs.15,000/- was granted as loss of consortium. Thus,
according to the Tribunal, the appellants were entitled
to a total compensation of Rs.11,24,500/-.
The High Court in appeal, changed the multiplier
from 13 to 10. Consequently, the the total amount of
compensation was reduced to Rs. 7,10,000/-. However, the
High Court awarded the interest at the rate of 7.5% per
annum from the date of the petition till the date of
payment.
-3-
Learned counsel for the appellants has drawn our
attention to the Second Schedule appended to the Motor
Vehicles Act, 1988. According to the said schedule, for
the age 48 years, the multiplier of 13 has been
prescribed as was rightly applied by the Tribunal.
Therefore, in our considered view, the multiplier of 13
ought to have been applied for computing the amount of
compensation as has been correctly applied by the
Tribunal.
In the facts and circumstances of this case, the
impugned judgment of the High Court is set aside and the
order passed by the Motor Accident Claims Tribunal is
restored. However, the appellants would be entitled to
interest on the awarded amount, at the rate of 7.5% per
annum from the date of the petition till the date of the
payment.
The appeal is allowed and disposed of accordingly.
…………………J
(DALVEER BHANDARI)
…………………J
(A.K. PATNAIK)
New Delhi;
December 17, 2009.