THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A. No. 4257 of 2008 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) The present appeal is directed against the order and decree dated 23.08.2006 passed in M.V.O.P. No. 360 of 2003 by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad. Brief facts of the case are that on 01.08.2003, one B. Krishnamma Naidu along with her sons and other relatives was proceeding in a Tata Indica Car bearing No. AP 02D 6633, from Secunderabad to Vijayawada, and at about 9.00 a.m., while the car reached Gunjaluru Bus Stage at Culvert No.154/1 on Hyderabad – Vijayawada Highway, a lorry bearing No. AP 12T 2149, coming in the opposite direction, driven by its driver in a rash and negligent manner, dashed against their car, resulting in the death of the deceased on the spot. Respondent Nos. 1 to 3, who are the sons of the deceased, filed the above O.P. before the Tribunal claiming compensation of Rs.2,00,000/- for the death of the deceased, from respondent No.4 and the appellant, who are the owner of the lorry and the Insurance Company with which the lorry was insured, contending that the deceased at the time of her death in the accident was working as Tailor and earning Rs.3,000/- per month, which she used to contribute to the family. Respondent No.4 remained ex parte before the Tribunal, while the appellant filed counter denying the allegations made by the respondents-claimants in the claim petition and resisted the claim of the respondents-claimants. Before the Tribunal, respondent Nos. 1 to 3 examined P.Ws.1 and 2 and marked Exs.A1 to A7, while the appellant examined none, but marked Ex. B1-policy. The Tribunal, having framed the issues and having considered the oral and documentary evidence adduced by the parties, held that the accident occurred due to the rash and negligent driving of the driver of the lorry belonging to respondent No.4 by its driver, and having regard to the facts and circumstances of the case, felt it appropriate to award Rs.2,00,000/- as compensation to respondent Nos. 1 to 3 for the death of their deceased mother, along with interest thereon at 7.5% per annum from the date of petition till the date of realization, payable by the appellant and respondent No.4, and apportioned the said amount amongst respondent Nos. 1 to 3 as detailed in the order under appeal. Heard the counsel for the appellant-Insurance Company and the counsel for respondent Nos. 1 to 3-claimants and perused the order under appeal and other material available on record. The contention of the learned counsel for the appellant- Insurance Company that the Tribunal committed an error in granting lump sum compensation of Rs.2,00,000/- for the death of the deceased to respondent Nos. 1 to 3, who happen to be her sons, cannot be accepted. Though respondent Nos. 1 to 3 could not conclusively prove that the deceased was working as Tailor and earning Rs.3,000/- per month, but having regard to the fact that she was a married woman and a housewife, her income in terms of money, for the services rendered by her to the family, as per the decisions of the Apex Court, can be fixed at Rs.3,000/- per month. No doubt, respondent Nos. 1 to 3 are not dependant on the income of the deceased or the services rendered by her, but the deceased being the mother of respondent Nos. 1 to 3, and they being her legal heirs, are definitely entitled to some compensation. Considering the age of the deceased, who was aged 56 years at the time of the accident, and having regard to the fact that respondent Nos. 1 to 3 had lost their love and affection for ever on account of her untimely death in the accident, we are of the considered opinion that the Tribunal cannot be said to have committed any error in awarding lump sum compensation of Rs.2,00,000/- to respondent Nos. 1 to 3, which is just and reasonable, in the facts and circumstances of the case, and does not warrant any interference or reduction by this Court in appeal. However, having regard to the decision of the apex Court in Sarla Verma v. Delhi Transport Corporation[1], the rate of interest on the compensation amount is reduced from 7.5% to 6% per annum from the date of petition till the date of realization. Subject to the reduction in the rate of interest on the compensation granted to the claimants, as noted above, the appeal is dismissed. No costs. _____________ N.V. RAMANA, J _________________ P. DURGA PRASAD, J 29th September, 2011 IBL [1] (2009) 6 SCC 121