Judgment :- 1. This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 29.9.2003 made in MCOP.No.413/2001 by the learned Subordinate Judge (MACT) Bhavani, whereby the Tribunal awarded a sum of Rs.4,50,000/-as total compensation to the 1st Respondent/claimant for the injuries sustained by her in the motor accident that occurred on 29.3.2001. 2. The injured claimant, who died pending this appeal was an agricultural coolie, earning Rs.3000/- per month, met with an accident on 29.3.2001 at about 8.30 p.m. on Bhavani to Anthiyur Main Road, near Thottipalayam. She was hit by the offending lorry which was insured with the Appellant Insurance Company. Her right leg was amputated above knee from the thigh. She filed an application before the Tribunal claiming compensation for the injuries suffered by her in the accident. As a result of the amputation of her right leg, she was no longer in a position to walk without support and was, therefore, rendered incapable of doing any work and to earn her livelihood. 3. The Tribunal held that the accident took place as a result of the negligent and rash driving by the lorry driver. It further held that at the time of the accident, the claimant was aged about 50 years old and her monthly income was Rs.2,400/- and not Rs.3000/-a claimed by her. Coming to the extent of disability, the Tribunal held that she was totally disabled and incapacitated to do any work, thus fixing her disability as total and 100 per cent. Having held that the claimant's age was 50 years old, the Tribunal applied the multiplier of 13 and on the basis of the findings that the claimant's monthly income was Rs.2400/- and the disability was 100 per cent, fixed the amount of Rs.3,74,400/-as compensation for the loss of future earnings. In addition to this, the Tribunal awarded Rs.50,000/- for pain and suffering, Rs.25000/- for extra nourishment, Rs.1000/-for transportation expenses. Accordingly, the Tribunal awarded a sum of Rs.4,50,000/-as total compensation along with interest at 9 per cent from the date of the claim petition till the date of realization. 4. The learned counsel for the Appellant contended that in view of inconsistent and contradictory evidence with regard to the age of the claimant, the Tribunal ought not to have applied the multiplier of 13 and prayed for modification of the multiplier. 5. 4. The learned counsel for the Appellant contended that in view of inconsistent and contradictory evidence with regard to the age of the claimant, the Tribunal ought not to have applied the multiplier of 13 and prayed for modification of the multiplier. 5. In this case, the Tribunal taking loss of earning capacity at 100 per cent, fixed the monthly income at Rs.2400/- shown to be reasonable and proper. There is no consistent evidence regarding the age of the claimant. In the claim petition, it is averred that she is 55 years old, but her evidence indicated that she is 60 years of age. Therefore, in the facts and circumstances of this case, the proper multiplier would be 8 and not 13 as applied by the Tribunal. On calculation on that basis, by applying the multiplier of 8, the loss of income would be Rs.2,30,400/-. Rs.50,000/- awarded for pain and suffering remain unaltered. Rs.25000/-awarded for extra nourishment is reclassified as for loss of amenities. Rs.25,000/-is awarded for attendant's charges. Rs.10,000/- for extra nourishment and Rs.1000/-for transportation expenses are awarded. In all, the total compensation payable to the claimant would be Rs.3,41,400/-. 6. In the result, this Civil Miscellaneous Appeal is disposed of. The impugned award is hereby modified from Rs.4,50,000/- to Rs.3,41,400/-as mentioned above. In all, the claimant is entitled to a total compensation of Rs.3,41,400/-(Rupees three lakhs forty one thousand four hundred only) with interest 9 per cent p.a. from the date of the claim petition till the date of realization. Pending the appeal, the 1st Respondent herein/claimant died and the Respondents 4 and 5 were brought on record as the legal representatives of the deceased 1st Respondent vide order dated 1.4.2011 in CMP.Nos.379 to 381/2011. The Respondents 4 and 5, the legal representatives of the deceased injured claimant, are entitled to the amount in equal proportion. The 4th Respondent is permitted to withdraw her proportionate share with proportionate interest, after giving credit to the amount if any withdrawn by her and the share of the 5th Respondent shall be invested in any one of the nationalised banks, till he attains majority. The 4th Respondent is permitted to withdraw the accrued interest from the share of the 5th Respondent once in three months. The Insurance Company is permitted to withdraw the excess amount with proportionate interest. No costs.