IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A No.2365 of 2007 Dated:06-09-2011 Between: The National Insurance Company Limited and another ….Appellants. And Akula Satyanarayana and others. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.ANo.2365 of 2007 ORDER: (per the Hon’ble Sri Justice P.Durga Prasad) This appeal is at the instance of the Insurance Company directed against the award passed in O.P.No.68 of 2006 by the Motor Accidents Claims Tribunal – cum – Principal District Court at Warangal on 24.05.2007. The respondents in the appeal, who are the claimants in the petition, are the parents of the deceased Akula Shashidhar and they claimed compensation of Rs.13,50,000/- for the death of their son in a motor vehicle accident on 11.09.2003. According to the petitioners on 11.09.2003 night the deceased after closing the Medical shop attended the birthday party of his friend and returning home at 11.00 P.M. on his Hero Honda Motor Cycle bearing No.AP 28AJ 4897 and by the time, they reached near Sudha Hotel at Balanagar, the Lorry bearing No.APN 5637 came in a rash and negligent manner with high speed dashed against the motor cycle from behind, as a result of which the deceased sustained grievous injuries and died on the spot. According to the petitioners the deceased was aged about 26 years and running Medical shop in the name and style of Sri Sai Medial Hall at Hasmathpet and used to earn more than Rs.9,000/- per month. He is also conducting tuitions to computer students and used to earn more than Rs.3,000/- per month. The deceased also completed B.C.A. and studied M.Sc., Information Systems from Osmania University and also got training in Diploma in Pharmacy and the deceased has got bright future, due to untimely death of the deceased, the petitioners lost all their hopes. Hence, they claimed compensation of Rs.13,50,000/-. The appellants/respondents opposed the same by filing counter denying the rash and negligent driving of the lorry at the time of the accident and put the petitioners to strict proof with regard to the age and earnings of the deceased and also pleaded that the compensation claimed by the petitioners is highly excessive and exorbitant. On the above pleadings, the Tribunal has framed the following issues: (1) Whether the accident is due to rash and negligent driving by the driver of the Lorry bearing No.APN 5637? (2) Whether the petitioners are entitled to claim compensation, if so, to what amount and from whom? (3) To what relief? The 1st petitioner examined himself as P.W.1 and also examined one N.Sadashiva, the eyewitness to the accident and got marked Exs.A.1 to A.19. No oral evidence was adduced on behalf of the respondents, but marked Ex.B.1 copy of the policy. The Tribunal by taking into consideration of the said oral and documentary evidence held the issue Nos.1 and 2 in favour of the petitioners and awarded compensation of Rs.10,92,000/- with interest at 7.5% P.A. from the date of petition till the date of deposit. Questioning the said quantum of compensation awarded by the tribunal, the Insurance company has filed the present appeal. The appellants’ counsel has pleaded that the compensation awarded by the lower Court is highly excessive and the proper multiplier was not applied and the income tax return for the year 2003-2004 ought to have been taken into consideration and the lower Court has taken Rs.1,25,000/- as annual income basing on presumptions and assumptions, as such the said award of the Tribunal is liable to be set aside. The respondents’ counsel on the other hand supported the award passed by the Tribunal. The Tribunal has taken into consideration Ex.A.19, two income tax returns for arriving at the annual income of the deceased. The said Income tax returns are for the years 2002-2003 and 2003-2004, the Tribunal has taken into consideration of the average of the said two income tax returns and arrived at the annual income of the deceased at Rs.1,25,000/-. In the Income tax return for the assessment year 2002-2003, the deceased has shown his income at Rs.64,500/- from business and Rs.36,200/- from conducting tuitions, in total Rs.1,03,700/-. During the assessment year 2003-2004 he has shown his income as Rs.1,46,250/-. Thus, the Tribunal has rightly taken into consideration the average of the same and arrived at the annual income of the deceased at Rs.1,25,000/- The Tribunal has taken into consideration of the 2nd schedule attached to the Motor Vehicles Act for arriving at the multiplier and taking into consideration of the ages of the father and mother of the deceased applied multiplier ‘13’. Even as per the decision rendered in “Smt. Sarla Verma and others v. Delhi Transport Corporation and another (2009 AIR SCW 4992)”, for the age group of 45-50, the appropriate multiplier is ‘13’. The Tribunal has rightly deducted 1/3rd towards personal expenses and arrived at the loss of dependency Rs.83,000/- and awarded Rs.10,79,000/- towards loss of dependency. Apart from that an amount of Rs.3,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. The Tribunal has rightly arrived at the just compensation for the death of the deceased and we are not inclined to interfere with the same in this appeal. In the result, the appeal is dismissed without costs. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:06-09-2011 Ksp