IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No.1059 OF 2007 Between: IFFCO – TOKIO General Insurance Company Ltd., Uma Chambers, II Floor, Banjara Hills Road, Panjagutta, Hyderabad – 28. --- Appellant/ Respondent No.2. AND Kalali Vittamma and three others. --- Respondents/ Claimants/ Respondent No.1. The Court made the following: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No.1059 OF 2007 ORDER: This Civil Miscellaneous appeal is filed by the Insurance Company against the award dated 14-03-2007, passed in O.P. No.532 of 2005 by the Motor Accidents Claims Tribunal-Cum-Principal District and Sessions Judge Medak at Sangareddy. The Respondents 1 to 3 herein are the claimants in the said O.P. filed seeking compensation of Rs.8,00,000/- for the death of K. Bala Goud in a motor vehicle accident that occurred on 03-06-2005 at 08-00 p.m. near Gorrekal village involving tractor bearing registration No.AP-23/H-2951 driven by its driver in a rash and negligent manner. Claimants are wife and children of the deceased, the deceased was aged 46 years as on the date of accident and working as toddy- taper having license issued by the Superintendent of Prohibition and Excise, Medak at Sangareddy and earning Rs.25,000/- per month. The Tribunal fixed the income of the deceased at Rs.4,000/- p.m. and granted a total compensation of Rs.4,62,000/- as against the claim of Rs.8,00,000/-. Heard the learned counsel for the Appellant and the learned counsel for the Respondents-Claimants. There is no dispute that the deceased was toddy-taper and he was having valid license issued by the Superintendent of Prohibition and Excise, Medak at Sangareddy. Though, it has come in the evidence of PW.1, who is the wife of the deceased, that the deceased was earning Rs.10,000/- p.m. and was also doing agricultural works, since there is no acceptable evidence to that effect, though it was stated that the deceased was owning agricultural lands, no documents were filed even to show that he was owning agricultural lands, an amount of Rs.4,000/- can be fixed as his monthly income considering the age of the deceased at 46 years, which annually comes to Rs.48,000/-. The appropriate multiplier applicable in this case is 13. As per the decision of the Supreme Court in Sarla Verma Vs. Delhi Transport Corporation 2009 (6) Scale 129 is 13, the loss of dependency, after deducting 1/3 towards the personal expenses can be fixed at Rs.4,16,000/- (Rs.48,000 - 16,000 = 32,000 x 13). In addition to this amount, the claimants are also entitled to a sum of Rs.10,000/- towards loss of consortium and another sum of Rs.10,000/- towards loss of estate, totaling to Rs.4,36,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization of the costs. In the result, the Appeal is partly allowed and the amount awarded is modified to the extent indicated above. There shall be no order as to costs. _____________________ GHULAM MOHAMMED, J. Date: 18-11--2010. DSH