HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.310 of 2008 Date: 24-6-2011 Between United India Insurance Co. Ltd., Rep. by its Branch Manager, Branch Office, 1-11-121/1, Station Road, Kamareddy-503 111 … Appellant/Respondent No.2 and Suruvu Laxmi Bai … Respondent/Petitioner A.G.Bapu Rao … Respondent/Respondent No.1 HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.310 of 2008 Judgment: Heard both sides. 2. Being aggrieved against the judgment and decree dated 15-9-2006 in O.P.No.297 of 2003 on the file of the Motor Accident Claims Tribunal (District Judge), Nizamabad the present civil miscellaneous appeal is filed by the 2nd respondent-Insurance Company mainly alleging that the tribunal below liberally granted Rs.50,000/- towards love and affection for the loss of company of the deceased, which is contrary to the guidelines as per the judgment of the apex Court in SARLA VERMA v. DTC[1] and the said amount is to be deducted from the award. 3. Now, the point for consideration is -- whether the judgment of the tribunal below on that score is sustainable ? 4. Point:- The petition is filed by the mother of the deceased claiming compensation for the death of her son in a road traffic accident on 22-02-2002. The factum of accident is not disputed. It is the evidence of P.Ws.1 and 2 that the deceased besides doing cultivation was also doing milk business and was earning Rs.10,000/- per month. The tribunal below arrived at Rs.4,000/- towards the monthly income of the deceased in view of the evidence of P.Ws.1 and 2. 5. A perusal of the impugned judgment, it was clearly observed by the tribunal below that the petitioner was able to prove the income of the deceased as Rs.4,000/- per month. Therefore, I see no grounds to interfere with the finding of the tribunal below while assessing the compensation, taking into consideration the income of the deceased Rs.4,000/- per month. The tribunal below had also correctly applied the multiplier ‘13’ and awarded Rs.4,16,000/- towards ‘loss of dependency’ and Rs.5,000/- towards transportation charges and funeral expenses of the deceased. 6. But, however, the tribunal below granted Rs.50,000/- towards ‘loss of love and affection’. The same is contrary to the principle laid down by the apex Court in SARLA VERMA’s case (supra). So, the said amount of Rs.50,000/- is to be reduced from the award of compensation. Therefore, the claimant, in total, is entitled to the compensation of Rs.4,21,000/- (Rupees four lakhs and twenty one thousand only) against the award of Rs.4,71,000/- granted by the tribunal below. 7. With this modification, the civil miscellaneous appeal is allowed in part, reducing the compensation from Rs.4,71,000/- to Rs.4,21,000/- (Rupees four lakhs and twenty one thousand only). No costs. ___________________ K.S.APPA RAO, J. 24th June, 2011. Note:- Issue CC in one week. (B/o) Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.310 of 2008 24th June, 2011. [1] (2009) 6 SCC 121