IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CIVIL MISCELLANEOUS APPEAL No.3782 OF 2003 Between: A.P.S.R.T.C. …Appellant And Pulikanti Poshal … Respondent This Court made the following: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CIVIL MISCELLANEOUS APPEAL No.3782 OF 2003 JUDGMENT: Questioning the quantum of compensation awarded by the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Warangal, in O.P.No.61 of 2001, in award, dated 06.03.2003, the A.P.S.R.T.C filed this appeal. 2. In this appeal, there is no dispute about factum of accident and the respondent/injured sustaining injuries in this accident. The finding relating to rash and negligent driving of the vehicle by its driver, is also not canvassed in this appeal. The only point that was urged by the appellant’s counsel is with regard to quantum of compensation awarded towards continuing and permanent disability. 3. The lower Tribunal awarded compensation of Rs.1,09,200/- towards continuing and permanent disability, Rs.1,000/- towards transport expenses, Rs.5,000/- towards pain and suffering, Rs.2,600/- towards loss of earnings and Rs.1,630/- towards medical expenses totaling Rs.1,19,430/-. The lower Tribunal calculated compensation towards permanent disability at 35% as per evidence of P.W.2 and Ex.A-8-Physically Handicapped Certificate. 4. The lower Tribunal took income of the deceased as unskilled worker at Rs.100/- per day. The appellant’s counsel contended that in the absence of proof of income of the injured, the lower Tribunal should have adopted minimum rates of wages notified by the Government of Andhra Pradesh under the Minimum Wages Act, 1948. The appellant’s counsel produced G.O.Ms.No.33, Labour, Employment, Training and Factories (Lab-II), dated 17.07.2004, notifying minimum wages for several zones in the State of Andhra Pradesh to several types of workers and labourers with effect from 07.08.2004. As per G.O.Ms.No.33, minimum wage for casual labour in Zone-III was Rs.64/-. The injured was resident of Baswarajupalli Village, Ghanpur Mandal of Warangal District and it is within Zone- III. The accident occurred in Jawashar Nagar Village, Venkatapur Mandal, Warangal District, which is in Zone-III. Even in the year 2004, the minimum wage is Rs.64/- per day. The accident in this case occurred on 24.10.2000. Therefore, the said amount of Rs.64/- per day can be taken as income of the injured safely. If compensation is calculated at the said rate of income of the injured for 35% permanent disability, then it comes to Rs.69,888/-. As per SARLA VERMA VS. DELHI TRANSPORT CORPORATION[1] of the Supreme Court, for the age of the deceased, the multiplier should be 11 and not 10, then if the compensation for permanent disability is calculated with 11 as multiplier, then it comes to Rs.76,877/-. The total compensation amount comes to Rs.87,107/-, which is just and reasonable compensation. 5. In the result, the Civil Miscellaneous Appeal is partly allowed altering the compensation amount from Rs.1,19,430/- to Rs.87,107/- . No costs. ______________________________ SAMUDRALA GOVINDARAJULU, J December 24, 2010 KL HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CIVIL MISCELLANEOUS APPEAL No.3782 OF 2003 December 24, 2010 KL [1] 2009 (6) Supreme Court Cases 121