THE HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA No. 4714 OF 2008 JUDGMENT: The appellant-Insurance Company filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the order dated 22-08-2008 passed in O.P No. 1785 of 2007 on the file of the II Additional Chief Judge, City Civil Courts, Hyderabad. The brief facts of the case are that on 30.08.2007 in the noon time, when Smt.P.Bashamma (hereinafter referred to as ‘the deceased’) was travelling as pillion rider on the scooter driven by her son-Narsimha, a lorry bearing No.AP-28W-1449 driven by its driver at high speed and in a rash and negligent manner in the same direction and hit the scooter from its back side, due to which, the pillion rider fell down, sustained fatal injuries and succumbed to death on the spot. Besides that the motor cycle of Narsimha was completely damaged. The Police registered a case and also filed charge sheet against the driver of the lorry. Since the deceased was earning Rs.3,250/- per month by doing daily labour work and supporting the family, her sons and daughter filed the above said O.P. claiming compensation of Rs.5,00,000/- payable by respondents 1 and 2 being the owner and insurer of the offending lorry. The first respondent remained ex parte before the Court below. The second respondent – Insurance Company filed the counter denying all the material allegations. On the strength of the pleadings, the Tribunal framed the points as to whether the accident took place on 30.08.2007 at about 12.00 noon, due to rash and negligent driving of the lorry bearing No.AP- 28W-1449, by its driver and whether the petitioners are entitled to claim compensation from the respondents? If so, to what amount and from whom? During trial, on behalf of the claimants, the first claimant himself was examined as P.W.1 and Exs.A1 to A6 were marked. On behalf of the Insurance Company, though none was examined, Ex.B.1-copy of insurance policy was marked. The Court below, having considered the oral and documentary evidence, came to the conclusion that the accident occurred due to rash and negligent driving of the driver of the offending lorry and awarded an amount of Rs.3,12,000/-towards loss of dependency, Rs.2,000/- towards funeral expenses, Rs.10,000/- towards loss of estate, and in all, an amount of Rs.3,24,000/- was awarded as compensation to the claimants. Aggrieved by the said award, the appellant-insurance company filed the present appeal. Learned counsel appearing for the appellant vehemently contended that the accident occurred due to the negligence of the rider of the scooter and hence the appellant is not liable to pay any compensation. He further contended that the learned Judge took the monthly income of the deceased at Rs.3,000/- per month even though no evidence was produced in support of the same. Even though the material on record discloses that the deceased was a household lady, as per the settled law, in case of death of house wife, a sum of Rs.3,000/- per month can be taken as her earnings, because due to her death, the family loses her services. In view of the same, I am of the opinion that the Court below has rightly took the income of the deceased at Rs.3,000/- per month and after deducting 1/3rd towards her personal expenses, rightly awarded Rs.3,24,000/- towards compensation, which cannot also be interfered with by this Court. However, the interest granted by the Tribunal can be reduced from 7.5% to 6% per annum on the compensation awarded by the Tribunal. The award of the Tribunal in all other aspects shall remain unaltered. The compensation amount shall carry interest @ 6% per annum from the date of the petition till realization. With the modification as above to the award of the Tribunal, the Civil Miscellaneous Appeal is allowed in part. No costs. GHULAM MOHAMMED, J Date:17.03.2011 va