JUDGMENT :

G. Shyam Prasad, J.

1. This appeal is arising out of the Order dated 5.5.2005 passed in OP No. 885 of 2003 by the Chairman, Motor Accidents Claims Tribunal-cum-Prl. District Judge, Nellore.

2. The appellant in the present appeal is Royal Sundaram Alliance Insurance Company, respondent No. 2 in OP No. 885 of 2003.

3. Heard Sri Srinivas, Advocate, appearing on behalf of Sri Kota Subba Rao, learned Counsel for the appellant, and Sri P. Sreedhar Reddy, learned Counsel for respondent Nos. 2, 4 and 5.

4. Learned Counsel for the appellant submits that the compensation awarded by the Tribunal is excessive. The Tribunal has taken the income of the deceased as Rs. 4,500/- per month though II Schedule of the Motor Vehicle Act provides for taking the notional income as Rs. 15,000/- per annum.

5. As far as this contention is concerned, in the light of the judgments in Sarla Verma and others v. Delhi Transport Corporation and another, 2009 (3) ALD 83 (SC) : (2009) 6 SCC 121 and Lata Wadhwa and others v. State of Bihar, (2009) 6 SCC 121, notional income of the deceased can be taken into consideration basing on the facts and circumstances of the case. This is a case where the deceased was wor