IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE TWENTY SIXTH (26TH) DAY OF SEPTEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.5271 of 2008 Between: National Insurance Company Ltd., Hyderabad … Appellant And: Smt. B.Revathi & others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.5271 of 2008 JUDGMENT: This appeal is directed against the order dated 12.07.2005 in OP No.412 of 2000 on the file of the MACT cum District Judge, Mahabubnagar, wherein, the claim of the respondents 1 to 4 herein under Section 166 of the Motor Vehicles Act, was allowed in part, awarding compensation of Rs.4,98,000/- with interest at 9% per annum from the date of petition. 2. Heard the learned counsel for the appellant. None appears for the respondents. Perused the record. 3 . The respondents 1 to 4 herein, filed claim application seeking compensation of Rs.5 lakhs on account of the deceased Venugopalsetty, who died in a motor vehicle accident that occurred on 18.12.1999. The first claimant is the wife, and claimants 2 to 4 are the children of the deceased. According to the claimants, on that day, the deceased was going on his motor cycle in the outskirts of Pebbair along NH No.7 and that the lorry bearing No.TCY 7546 driven in a rash and negligent manner and coming in the opposite direction, dashed against the deceased, as a result of which, the deceased sustained multiple injuries and that he was shifted to Government General Hospital, Kurnool, where he died on 20.12.1999 while undergoing treatment. A case in Cr.No.111 of 1999 was registered by Pebbair police against the driver of the lorry. The claimants further pleaded that at the time of the accident, the deceased was aged 50 years and was running medical shop, wine shop and cool drink shop and earning Rs.15,000/- per month. 4. The 5th respondent herein-owner of the lorry, remained exparte. The appellant-insurer filed counter, opposing the claim and denying their liability to pay the compensation. During enquiry, PWs.1 and 2 were examined and Exs.A.1 to A.13 were marked on behalf of the claimants and no oral evidence was adduced by the respondents therein, but Ex.B.1 copy of the insurance policy was marked on behalf of the insurer. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred on account of the rash and negligent driving of the lorry by its driver and that the claimants are entitled for a total compensation of Rs.4,98,000/- with interest at 9% per annum. Aggrieved by the same, the present appeal is filed by the appellant-insurer. 6. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the lorry by its driver is not seriously challenged by the appellant. Learned counsel for the appellant would mainly contend that the Tribunal erred in assessing the income of the deceased from the business at Rs.4500/- per month without there being any proof of such income. 7. Though the claimants have not filed any documents showing the income of the deceased, the evidence on record however discloses that the deceased was doing business by running medical shop, wine shop and cool drink shop. Ex.A.8 is the licence for sale of liquor, Ex.A.9 is the original invoice cum delivery challans (3) issued by A.P. Beverages Corporation Ltd., and Ex.A.10 is the copy of the licence for running cool drink shop. Even a manual labour can be reasonably estimated to earn Rs.100/- per day by way of daily wages. Therefore, the income of the deceased taken by the Tribunal at Rs.4500/- per month from various types of business cannot be considered to be excessive or unreasonable. In fact, the Tribunal has deducted 1/3rd of the income towards personal expenses, though only 1/4th can be deducted in view of the decision of the Apex Court in Sarla Varma’s case [(2009)6 SCC 121], as there are four dependents i.e., wife and three children left behind by the deceased. The deceased was aged 49 years at the time of his death as per Ex.A.13 and the Tribunal applied the suitable multiplier of ‘13’. The contribution of the deceased to the family is taken at Rs.3000/- per month or Rs.36,000/- per annum after deducting 1/3rd towards personal expenses from the estimated income of Rs.4500/- per month. The total loss of dependency therefore works to Rs.4,68,000/- (Rs.36,000/- x 13). Further, the claimants are entitled for Rs.5,000/- towards loss of estate and Rs.5000/- towards funeral expenses and the first claimant-wife would be entitled for Rs.10,000/- towards loss of consortium, as per the above decision of the apex court. Thus the claimants are entitled for a total compensation of Rs.4,88,000/-. The claimants are entitled for interest at 6% per annum on the said amount from the date of petition, as per the above decision. The impugned order is modified accordingly. 8. In the result, the appeal is allowed to the extent stated above. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 26.09.2011 bss