Judgment : K. Kalyanasundaram, J. Questioning the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Additional District Judge), Krishnagiri in M.C.O.P.No.501 of 2009, the State Transport Corporation has filed the present appeal. 2. Brief facts are that on 29.11.2008 at about 13.00 hours, when the deceased – Karthik Ganesh was proceeding in his Maruti Omni van bearing Regn. No.KA 03 ME 6711 along with his parents, sister and sister's children from Bangalore to Thiruvannamalai, on Krishnagiri – Uthangarai Main Road, near Veeriyampatti Koot Road, the bus bearing Regn. No.TN 32 N 3038 belonging to the appellant Transport Corporation, driven by its driver in a rash and negligent manner, came from opposite direction and dashed against the Maruti Omni van driven by the deceased. Due to the accident, the deceased sustained fatal injuries and died on the spot. A case was registered in Crime No.995 of 2008 on the file of Uthangarai Police Station for the offences under Sections 279, 337, 338 and 304(A) I.P.C. The deceased was aged 25 years at the time of accident and he was working as Programmer Analyst in Mind Tree Limited, Bangalore and earning Rs.33,000/- per month. Alleging that the accident was due to the rash and negligent driving of the driver of the bus belonging to the appellant Transport Corporation, the claimants, who are the father, brother and sister of the deceased have filed claim petition, claiming compensation of Rs.15 lakhs. 3. In the very same accident, the mother of the deceased and children of the sister of the deceased also died and separate claim petitions have been filed in M.C.O.P.Nos.502, 731 and 732 of 2009 and 767 of 2008. All the claim petitions were tried together by the Tribunal. 4. The appellant Transport Corporation has filed counter denying the manner of accident, age, avocation and income of the deceased and also the dependency of the claimants. 5. To substantiate the claim, the first claimant/father of the deceased examined himself as P.W.1 and in the connected claim petition in M.C.O.P.No.502 of 2009, he was examined as P.W.2. One Shanmugam, father of the deceased girl Chethashree was examined as P.W.3 and Gayathri, mother of the deceased boy Ajay Krishiv was examined as P.W.4 and she examined herself as P.W.5 in M.C.O.P.No.767 of 2008. One Shanmugam, father of the deceased girl Chethashree was examined as P.W.3 and Gayathri, mother of the deceased boy Ajay Krishiv was examined as P.W.4 and she examined herself as P.W.5 in M.C.O.P.No.767 of 2008. Dr.D.V.Gandhi was examined as P.W.6 and one Samuel Navneeth, Associate Manager of the Mind Tree company, in which the deceased was working was examined as P.W.7. On the side of claimants, Exs.P1 to P29 were marked. On the side of the Transport Corporation, Murugan - the driver of the bus was examined as R.W.1 and no documentary evidence was adduced. 6. Upon consideration of the oral and documentary evidence, the Tribunal held that that the accident was due to the rash and negligent driving of the driver of the bus belonging to the appellant Transport Corporation and the appellant Transport Corporation is liable to pay the compensation. Taking the last drawn salary of the deceased as Rs.19,090/-and deducting 5% towards income tax, the Tribunal calculated the gross salary as Rs.18,140/-. Since the deceased was aged 25 years at the time of accident and he was a bachelor, the Tribunal deducted 50% towards the personal and living expenses of the deceased, adopted 17 multiplier and calculated the loss of dependency at Rs.18,50,280/- (Rs.9,070/- x 12 x 17 = Rs.18,50,280/-). The Tribunal has awarded total compensation of Rs.18,85,280/- as under: Loss of dependency .. Rs.18,50,280.00 Loss of love and affection .. Rs 30,000.00 Funeral expenses .. Rs 5,000.00 ============ Total : Rs.18,85,280.00 ============ 7. The appellant has filed the appeal, challenging only the quantum of compensation. Therefore, we are not dealing with negligence aspect. 8. The deceased was aged about 25 years at the time of accident. He completed M.C.A. and he was working as Programmer Analyst in Mind Tree Limited, Bangalore. The claimants had examined P.W.7 -Associate Manager of the company and produced Ex.P10 – appointment order and Ex.P11 – salary certificate of the deceased. Ex.P11 would show that the deceased was drawing gross salary of Rs.23,511/- per month and Rs.19,090.68 after deduction. On the basis of Exs.P10 and P11, the Tribunal had fixed the monthly salary of the deceased at Rs.19,090/-, deducted 5% towards income tax and took Rs.18,140/- as gross salary. Further, the Tribunal had deducted 50% i.e. Rs.9,070/- towards personal and living expenses of the deceased. On the basis of Exs.P10 and P11, the Tribunal had fixed the monthly salary of the deceased at Rs.19,090/-, deducted 5% towards income tax and took Rs.18,140/- as gross salary. Further, the Tribunal had deducted 50% i.e. Rs.9,070/- towards personal and living expenses of the deceased. Taking into consideration the age of the deceased as per Ex.P5 – driving licence of the deceased, the Tribunal had adopted multiplier 17 and calculated the loss of dependency at Rs.18,50,280/- (Rs.9,070/- x 12 x 17 = Rs.18,50,280/-). 9. Learned counsel for the claimants/respondents contended that as per the judgment in Smt.SarlaVerma and Others Vs. Delhi Transport Corporation and Others (2009 (5) L.W. 561), which was subsequently followed in SantoshDevi Vs. National Insurance Company Limited and Others (2012 ACJ 1428), addition to be made towards future prospects. The Tribunal had taken the salary of the deceased as Rs.19,090/-. The deceased was aged 25 years at the time of accident. As per the above judgments of the Honourable Supreme Court, 50% addition to be made towards future prospects. Therefore, if Rs.9,545/-, is added to the salary of Rs.19,090/-, it comes to Rs.28,635/-. 10. The Tribunal has deducted 5% towards income tax. Since we quantified the salary as Rs.28,635/-, proper deduction of 10% would be made towards income tax. After deducting 10% towards income tax i.e. Rs.2,860/-, the amount comes to Rs.25,775/-. 11. As per the judgment in Sarla Verma's case (cited supra), if the deceased is a bachelor, 50% has to be deducted towards his personal and living expenses. Therefore, 50% being Rs.12,887.50, rounded off to Rs.12,890/-is deducted towards personal and living expenses of the deceased from Rs.25,775/-and the loss of contribution to the family is calculated at Rs.12,885/-. 12. Learned counsel for the appellant contended that the multiplier adopted on the basis of the age of the deceased is not correct and the proper multiplier ought to have been adopted based on the age of the first claimant/father of the deceased. It is seen that the first claimant was aged 60 years at the time of accident. As per the II schedule of the Motor Vehicles Act, the proper multiplier to be adopted is 8. Therefore, the multiplier adopted by the Tribunal is reduced to 8. Adopting multiplier 8, total loss of dependency is calculated at Rs.12,36,960/- (Rs.12,885/- x 12 x 8 = Rs.12,36,960/-) 13. As per the II schedule of the Motor Vehicles Act, the proper multiplier to be adopted is 8. Therefore, the multiplier adopted by the Tribunal is reduced to 8. Adopting multiplier 8, total loss of dependency is calculated at Rs.12,36,960/- (Rs.12,885/- x 12 x 8 = Rs.12,36,960/-) 13. The Tribunal has awarded Rs.30,000/-towards loss of love and affection and the same is enhanced to Rs.1,00,000/-. The amount of Rs.5,000/-awarded towards funeral expenses is enhanced to Rs.10,000/-. Therefore, the claimants are entitled to Rs.13,46,960/-, rounded off to Rs.13,50,000/- as under: 14. Out of the reduced compensation of Rs.13,50,000/-, the first claimant/father of the deceased is entitled to Rs.11,50,000/-and claimants 2 and 3, who are the brother and sister of the deceased respectively are entitled to Rs.1,00,000/- each. 15. The Tribunal has awarded only 6% interest. As per the decision of the Honourable Supreme Court in Tamil Nadu State Transport Corporation Ltd., Vs. S.Rajapriya and Others ( (2005) 6 SCC 236 ), the interest awarded by the Tribunal is enhanced to 7.5%. 16. In the result, the Civil Miscellaneous Appeal is partly allowed. The compensation awarded by the Tribunal (Additional District Judge), Krishnagiri at Rs.18,85,280/-is reduced to Rs.13,50,000/- payable with interest at 7.5% and the same shall be apportioned amongst the claimants as stated in para 14. No costs. Consequently, connected miscellaneous petition is closed. 17. It is stated that as per the order dated 14.12.2012 in M.P.No.1 of 2012 in C.M.A.No.3270 of 2012, the appellant Transport Corporation has already deposited a lumpsum amount of Rs.10 lakhs. The claimants are permitted to immediately withdraw their respective shares of compensation from the amount already deposited. 18. In view of the modification of the award, the appellant Transport Corporation is directed to deposit the remaining amount with modified interest of 7.5% per annum to the credit of M.C.O.P.No.501 of 2009 on the file of Motor Accidents Claims Tribunal (Additional District Judge), Krishnagiri, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are permitted to withdraw their respective shares of compensation as apportioned in para 14.