JUDGMENT :

The 2nd and 3rd respondents/insurer filed this appeal challenging the propriety of decree and award dated 05.10.2007 in O.P.No.1215 of 2005, on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Warangal.

2. Brief facts of the case are that on 24.10.2004 at about 7.30 P.M. while Agulla Narsimhulu/deceased was returning home on foot after the day’s business, on the highway of Hanmakonda-Hyderabad, at Ghanpur, an auto bearing registration No. AP-15-W-4116 driven by its driver in rash and negligent manner dashed and caused his instantaneous death. The wife and children of Agulla Narsimhulu/deceased pleading loss of dependency, filed the petition seeking compensation of Rs.4,00,000/-.

3. The Tribunal after considering the material and evidence on record, awarded Rs.4,00,000/- with interest at 7.5% per annum from the date of the petition till realization and held all the respondents are liable to pay compensation.

4. In this appeal, the insurer contested that the Tribunal erred in considering Rs.3,000/- as monthly income of the deceased and