IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL MISCELLANEOUS APPEAL No.1912 OF 2002 BETWEEN Koruturu Balamma and three others. …APPELLANTS AND M. Veeresham and another. …RESPONDENTS Counsel for the appellants: Mr. A. Rajashekar Reddy Counsel for the Respondents: Smt. Bhaskara Lakshmi The Court made the following: - JUDGMENT: This appeal is by the claimants to the extent of disallowed claim in O.P.No.252 of 2000 dated 22.04.2002. 2. The aforesaid OP arises out of the accident dated 02.06.1999 in which the deceased along with the claimants and another person while going in an auto rickshaw bearing No. AP 11 U 9186 met with an accident due to rash and negligent driving of the driver of the auto, as a result of which the auto turned turtle, whereby causing multiple injuries and subsequently the husband of the claimant died on 20.01.2000. Earlier to the death of the deceased, to the extent of injuries suffered by the deceased, the claimants had filed OP.No.208 of 2000 and a sum of Rs.2,000/- was granted in the said OP. We are now not concerned with the said matter, as the husband of the first claimant died on 20.01.2000 and the present OP is filed seeking compensation of Rs.1,50,000/-. 3. The tribunal below erroneously noted in the judgment that the present OP is for Rs.2,00,000/-. On consideration of the evidence the tribunal below, on finding that the vehicle was driven in a rash and negligent manner, has assessed the dependency by treating the income of the deceased, as labourer, at Rs.900/- per month and after deducting 1/3rd the contribution is treated as Rs.600/- per month and since the deceased was aged 40 years, multiplier ‘10’ was applied and the dependency was arrived at Rs.72,000/- apart from granting non-pecuniary damages of Rs.15,000/- and a further sum of Rs.10,000/- towards loss of consortium. In aggregate a sum of Rs.97,000/- was awarded along with interest at 9% per annum. Questioning the same, the present appeal is preferred by the claimants. 4. Heard both sides. 5. Learned counsel for the appellants contends that in the absence of any evidence of monthly earnings of the deceased, the tribunal could have followed the criteria under second schedule to the Motor Vehicles Act, 1988 (for short ‘the Act’). The said criteria though strictly does not apply to the claimants under Section 166 of the Act it can be treated as a guide and if the said criteria is applied, keeping in view the age of the deceased at about 40 years and taking his notional income at Rs.15,000/- per annum, the compensation itself will work out to more than Rs.1,50,000/-. 6. Learned counsel for the respondent disputes the said contention and submits that the tribunal below has rightly taken the income of the deceased notionally at Rs.900/- per month and has correctly applied the multiplier for assessing the dependency. 7. It is evident from note VI to the second schedule to the Act that in cases of those, who had no income, the notional income in fatal accident is treated as Rs.15,000/- per annum. Out of the said amount personal expenses of 1/3rd are liable to be deducted and thereby the annual contribution of the deceased to the family would work out to Rs.10,000/-. The multiplier applicable for the age group of 40 to 45 years being ‘15’ as per the second schedule, the dependency would work out to Rs.1,50,000/-. The tribunal below has already awarded an amount of Rs.15,000/- towards non- pecuniary damages and Rs.10,000/- towards loss of consortium. The total amount of compensation would work out to Rs.1,75,000/-. However, the claim in the OP being restricted to Rs.1,50,000/-, the said claim deserves to be allowed as prayed for. The civil miscellaneous appeal is, therefore, allowed and the OP.No.252 of 2000 on the file of the Motor Accidents Claims Tribunal, Nalgonda, shall stand decreed as prayed for. The interest on the enhanced amount i.e. Rs.1,50,000/- - Rs.97,000/- = Rs.53,000/- would, however, be at 7.5% per annum from the date of claim till realization. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 5, 2009 DSK