JUDGMENT :- Heard both the Counsel.

2. Not being satisfied with the compensation awarded by the Court of Motor Vehicles Accidents Claims Tribunal-cum-District Judge, Medak at Sangareddy in O.P. No.279/1998 dated 6-9-2001, the claimants filed this appeal.

3. The brief facts of the case are that on 13-7-1998 at about 8 p.m., the deceased Nagamma and her husband, were returning to the village Kaidampally after purchasing house hold articles in the shandy and when they reached Kothatola, a truck bearing No.AP - 23T-1490 came from behind and due to rash and negligent driving, dashed the deceased and she sustained injuries on lower stomach left side and she was shifted to Gandhi Hospital for treatment and there she died. The claimants, who are the husband and the children of the deceased in the claim petition stated that the deceased was supplying milk to a hotel at Alladurg and was getting Rs.2,l00/- per month and she was also getting Rs.900/- per month by doing labour work. They also stated that they were dependent on her earnings and thus claimed an amount of Rs.1 ,50,000/- with interest.

4. The owner of the truck remained ex parte and the insurer contested the matter and denying the averments of the claimants, sought for dismissal of the claim petition.

5. The Court below after framing appropriate issues and appreciating the evidence both oral and documentary held that the accident occurred due to rash and negligent driving of the driver of the lorry. With regard to income of the deceased, the husband of the deceased who was examined as P.W.1 deposed that the deceased was earning an amount of Rs.4,000/per month by attending to household works. As there is no evidence in this respect, the Court below held that as the deceased was aged 50 years, she may earn Rs.40/- per day by doing some work and can earn Rs.1,200/- per month and after reducing 1/3rd towards personal expenses, arrived the income of the deceased at Rs.800/- and taking the age of the deceased as 50 as per inquest report and post-mortem report Exs.A-3 and A-4, the Court below applied the multiplier of 5.68 as per Bhagwan Das Vs. Mohd. Arif, 1987(2) ALT 137, and granted an amount of Rs.54,528/- towards pecuniary damages and also granted Rs.15,000/- towards loss of consortium and thus in all granted an amount of Rs.69,530/- with interest at the rate of 9 per cent per annum and ordered for apportionment.

6. In the ground of appeal, the Counsel appearing for the claimants contended that the deceased was earning Rs.3,000/- by supplying milk to a hotel and by doing other labour works and, therefore, the Court below erred in fixing the income of the deceased at Rs.1,200/- and that the Court below ought to have fixed the income of the deceased at least Rs.2,000/- per month.

7. On the other hand, the learned Counsel for the respondent - insurer supporting the impugned order, sought for dismissal of appeal.

8. From the evidence of P.W.1 and from Ex.A-1 F.I.R., on 13-7-1998 when P.W.1 and the deceased were returning after purchase of household articles in the shandy, lorry came from behind and dashed the deceased and she succumbed to the injuries in the Gandhi Hospital.

From the evidence it could be seen that the deceased was the wife of the 1st claimant and mother of claimants 2 and 3. The case of the 1st claimant, as P.W.1 is that the deceased was earning Rs.4,000/- per month by attending to household duties. But there is no evidence in this regard. To rebut the evidence of the claimants, the insurance company also did not choose to adduce any evidence. Even assuming that the petitioner is not attending to any work, but in the light of the above evidence that the accident occurred while P.W.1 and the deceased were returning after purchasing household articles and that claimants 2 and 3 are their children, it can be presumed that at least she was attending to household duties in her home. The Apex Court in the decision reported in Lata Wadhwa Vs. State of Bihar, (2001)8 SCC 197, while

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