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:

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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 1½ 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.  

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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.