K. SURENDER
ICICI LOMBORD GENRAL INSURANCE COMPANY LIMITED – Appellant
Versus
MEKALA LAXMI – Respondent
JUDGMENT :
K.Surender, J.
M.A.C.M.A.No.4569 of 2008 is filed by the Insurance Company and M.A.C.M.A. (SR) No.7271 of 2011 is filed by the claimants. Both the appeals are filed questioning the judgment passed by the Motor Vehicle Accidents Claims-cum-I Additional District Judge, Karimnagar (for short, the Tribunal) in O.P.No.447 of 2006, dated 31.03.2008.
2. Since both the appeals are filed against the very same judgment, the same are being disposed of by this common judgment.
3. The manner in which the accident had taken place and other findings of the Tribunal are not disputed by either of the parties. However, learned counsel appearing for the claimants would submit that the income was treated at Rs.15,000/- per annum which is 1/3rd of the daily wage labour. As per the judgment of Hon’ble Supreme Court in Ramachandrappa Vs. Royal Sundaram Alliance Insurance Co.Ltd., (2011) 13 SCC 236 and keeping in view the peculiar facts and since the claim of the appellants is that the deceased was earning of Rs.3,000/- per month, the same is considered.
4. Insofar as the deduction towards personal and living expenses is concerned, the deceased was married and survived by wife and two sons, then tot
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