IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.1868 OF 2011 Between: The New India Assurance Company Ltd., Rep. by its Branch Janager, Kodad, Nalgonda District. …Appellant A n d Smt.Kommanapalli Krishnaveni and others ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.1868 OF 2011 JUDGMENT: With the consent of both counsel, this matter is taken up for final hearing. 2. This appeal is directed against the order dated 09.03.2011 in M.V.O.P.No.287 of 2009, on the file of the Chairman, Motor Accidents Claims Tribunal (District Judge), Krishna at Machilipatnam, wherein the said claim application filed by the 1st respondent herein under Section 166 of the Motor Vehicles Act for compensation was allowed-in-part, awarding Rs.3,68,000/- with interest at 7.5% per annum from the date of petition. 3. Heard both sides. Perused the record. 4. The 1st respondent herein filed the claim application seeking compensation of Rs.4 lakhs for the death of her deceased son Kommanapalli Syam Kumar, who died in a motor vehicle accident that occurred on 22.04.2009. According to the claimant, on that day, while the deceased was returning home on a two wheeler vehicle bearing No. AP 16 BH 610 from his place of work, a lorry bearing No.AP 24 V 1258, driven in a rash and negligent manner by its driver, coming in the opposite direction, dashed against the two wheeler of the deceased, as a result of which he sustained multiple injuries and died while being shifted to Government Hospital, Machilipatnam. A case in Cr.No.84 of 2009 was registered by Chilakalapudi Police against the driver of the lorry. 5. According to the claimant, her deceased son was aged 19 years and was working in Hima Bindu Gold Covering Works and earning Rs.3,000/- per month as salary, besides getting commission of 2% on sales and that he was also working in Koteswara Rao Tiffin Canteen and earning Rs.160/- per day. 6. The owner of the lorry remained ex parte. The insurer filed a counter opposing the claim and denying their liability to pay the compensation. 7. During enquiry, P.Ws.1 to 4 were examined and Exs.A-1 to A-6 were marked on behalf of the claimant. R.W.1 was examined and Ex.B-1 copy of the policy was marked on behalf of the appellant/ insurer. 8. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the lorry by its driver. The Tribunal awarded a total compensation of Rs.3,68,000/- with interest at 7.5% per annum from the date of petition. Aggrieved by the same, the insurer filed the present appeal. 9. The main contention raised by the learned counsel for the appellant/insurer is that the Tribunal erred in taking the income of the deceased at Rs.3,000/- per month and further making deduction of one-third instead of half towards personal expenses and also awarded interest at higher rate at 7.5% instead of 6% per annum. 10. According to the claimant, the deceased was earning Rs.3,000/- as a salary by working at Hima Bindu Gold Covering Works besides earning 2% commission on sales and also earning Rs.160/- per day by working in a tiffin centre. As seen from the impugned order, the Tribunal has rejected the said claim of income disbelieving the oral testimony adduced in that regard through P.Ws.3 and 4, in the absence of any documentary evidence. The impugned order also shows that the learned counsel for the claimant has fairly conceded that there is no material to prove that the deceased was getting 2% commission on sales. The Tribunal, however, has taken the notional income of the deceased at Rs.3,000/- per month. Having regard to the fact that the deceased was aged 19 years and the evidence also shows that he was doing some work, the income of the deceased taken by the Tribunal at Rs.3,000/- per month is, therefore, considered to be reasonable, as even an ordinary labourer doing hard work, can be expected to earn on an average a daily wage of Rs.100/- per day. The Tribunal, however, deducted one-third towards personal expenses and estimated the contribution of the deceased to the family at Rs.24,000/- per annum. As per the recent decision of the A p e x Court in SARLA VERMA & OTHERS V. DELHI TRANSPORT CORPORATION[1], the deceased, being unmarried, deduction towards personal expenses has to be half, but not one-third. After making such deduction, the contribution of the deceased to the family would come to Rs.18,000/- per annum. As deceased was a bachelor, the age of the mother of the claimant has to be taken into consideration. It is not disputed that the claimant was aged 45 years and the appropriate multiplier as per the above decision would be ‘14’. Applying the same, the loss of dependency works out to Rs.2,52,000/- (Rs.18,000/- x 14). The claimant is also entitled for a sum of Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. Thus, the total compensation payable to the claimants works out to Rs.2,62,000/-. As per the above decision, the claimant would be entitled to interest at 6% per annum from the date of petition, on the above said amount. The impugned award is modified accordingly. 11. In the result, the appeal is allowed to the extent stated above. There shall be no order as to costs. ___________________ G.V.SEETHAPATHY, J 14th December 2011 Lrkm. [1] 2009 ACJ 1299