IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL MISCELLANEOUS APPEAL No.835 OF 2000 BETWEEN Smt. M. Yadamma and six others. …APPELLANTS AND M. Hanumantha Rao and another. …RESPONDENTS Counsel for the appellants: Mr. B. Venkat Reddy Counsel for the Respondents: Mr. R. Venkat Rao The Court made the following: - JUDGMENT: This appeal is by the claimants seeking enhancement of compensation. The claim in O.P.No.671 of 1998 before the Motor Accidents Claims Tribunal – cum – District Judge, Ranga Reddy, Hyderabad, was originally filed for Rs.3,00,000/- on account of the accident, which occurred on 15.07.1998, in which the husband of the first claimant and the father of the claimants 2 to 5 died. 2. The deceased, it is stated, was working as a lorry driver earning Rs.3,000/- per month and was aged 35 years. The said accident occurred on account of the rash and negligent driving of the offending lorry bearing No. AP 12 T 1173 resulting in instantaneous death of the husband of the first claimant. The compensation for Rs.3,00,000/- was claimed before the tribunal below against which the tribunal has awarded a sum of Rs.1,79,948/- in aggregate comprising of a sum of Rs.1,59,948/- towards loss of dependency; another sum of Rs.5,000/- towards loss of consortium and a sum of Rs.15,000/- towards loss of estate. 3. Learned counsel for the appellants, who seeks enhancement over the said award, contends that the income of the deceased has been wrongly assessed by the tribunal below taking into account Rs.1,200/- per month as his salary, though the minimum wage fixed by the Government for heavy vehicle driver under G.O.Ms.No.30, Labour, Employment, Training and Factories (Lab.II) dated 27.07.2000, is Rs.2,587/-. He also relies upon the minimum basic living index shown in the said notification of the Government. Learned counsel also submits that though salary certificate, as such, is not filed, the occupation of the deceased as lorry driver is not in dispute and the FIR and the panchanama also records the same. He further submits that evidence of P.Ws.1 and 2 with regard to the income of the deceased was not disputed and in any case this Court may take judicial notice of the minimum wage fixed by the Government for heavy vehicle driver. 4. The only point for consideration, therefore, is whether the dependency as assessed by the tribunal below is justified or warrants enhancement in view of the fact that the rash and negligent driving on the part of the offending vehicle is already upheld by the tribunal and the same is not in controversy now. 5. I have considered the submissions of both the learned counsel appearing on either side. It is evident that the notification issued by the Government referred to above, fixing the minimum wage of heavy vehicle driver at Rs.2,587/- is dated 27.07.2000 whereas the accident occurred on 15.07.1998 i.e. two years prior to the said notification. Obviously, therefore, the minimum wage as mentioned in the GO cannot be taken into consideration. In the absence of any other evidence, going by the said notification if we scale down the minimum wage, keeping in view that the accident occurred two years prior to the said notification, the salary of the deceased should have been at least approximately Rs.2,000/- per month. If the said amount is taken into consideration for the purpose of calculation of dependency, after deducting 1/3rd of the annual income towards his personal expense and applying the multiplier of 14.81 as adopted by the tribunal below, based upon the decision in BHAGWAN DAS v. MOHD. ARIF[1], the compensation payable would work out to Rs.2,36,960/- whereas the tribunal has awarded a sum of Rs.1,59,948/-, which warrants enhancement to the extent of Rs.77,012/-. As the assessment of dependency as claimed by the appellants is already granted as aforesaid, in any case, the award to the extent of rest of the claim needs no interference. The civil miscellaneous appeal is accordingly allowed in part enhancing the compensation by Rs.77,012/- and the enhanced amount shall carry interest at 7.5% per annum from the date of claim till realization. There shall be no order as to costs. _____________________ VILAS V. AFZUKPURKAR, J October 23, 2009 DSK [1] 1987 (2) ALT 137