THE HON’BLE SRI JUSTICE P. SAM KOSHY AND THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY COMMON JUDGMENT:(per Hon’ble Sri Justice P.SAM KOSHY These are the two appeals filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) assailing the two Awards passed in M.V.O.P.Nos.194 and 195 of 2016 on the file of the learned Motor Accidents Claims Tribunal - cum - XII Additional Chief Judge, City Civil Court, Secunderabad (hereinafter referred to as ‘the Tribunal’).

2. Since the Awards passed by the Tribunal in both the appeals arises out of the same accident and the claimants being same in both the appeals, both the appeals are being decided by way of this common judgment.

3. Heard Sri Ramachandra Reddy Gadi, learned counsel for the appellant - Insurance Company in both the appeals. Perused the record.

4. For convenience, the facts in M.A.C.M.A.No.3239 of 2018 arising out of M.V.O.P.No.194 of 2016 are discussed hereunder:

On 10.03.2016, when the two deceased persons i.e., husband and wife, who are the son and daughter-in-law of claimant Nos.1 and 2 and the parents of claimant Nos.3 and 4, were proceeding on their Hero Honda Glamour bearing No.AP 11AS 4275 met with an accident when they were hit by the Lorry bearing No.HR 38T 8384. Both the riders of the motor cycle suffered grievous injuries to which they succumbed.

5. The claimants filed M.V.O.P.No.194 of 2016 for the death of the father of two minor children and the son of two parents claiming compensation of an amount of Rs.50,00,000/-. The Claimants also filed M.V.O.P.No.195 of 2016 for the death of the mother of two minor children and the daughter-in-law of the other two claimants. The Tribunal proceeded and decided the two M.V.O.Ps on the same date i.e, on 21.03.2018. In M.V.O.P.No.194 of 2016, the Tribunal has awarded a compensation of Rs.45,73,140/- with an interest @ 9% jointly and severally to be paid by the respondents therein and the liability for payment of compensation has been fastened upon the Insurance Company. In M.V.O.P.No.195 of 2016, the Tribunal has awarded a compensation of Rs.25,49,200/- with an interest @ 9% per annum from the date of application till the date of deposit of the amount. It is these two Awards which the Insurance Company has challenged in the present two appeals. The challenge in both these appeals is primarily on the quantum of compensation.

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6. So far as the Award in M.V.O.P.No.194 of 2016 is concerned, the challenge was that 30% of the income was added to the income of the deceased towards future prospects by the Tribunal to be erroneous in as much as it could not had been more than 25%. According to learned counsel for the appellant - Insurance Company, the deceased i.e., the father of two minor children and the son of other two claimants was not having permanent employment and the nature of employment was more of the nature of self-employment and therefore, 30% income added towards future prospects is erroneous.

7. Likewise, so far as the Award in M.V.O.P.No.195 of 2016 is concerned, the challenge by the Insurance Company again is primarily on the quantum of compensation that too so far as the assessment of income of the deceased i.e., the Mother of the two minor children and the daughter- in-law of the other two claimants is concerned. According to learned counsel for the appellant - Insurance Company, the deceased in the said case was only a house wife and in that regard, the income of the deceased of an amount of Rs.12,000/- assessed by the Tribunal seems to be on much higher side and therefore, it needs to be reassessed accordingly.

8. Learned counsel had also questioned awarding 9% interest in both the Awards to be on higher side.

9. A perusal of the pleadings attached to the appeals and on perusal of the Awards, what is admitted is the fact that the Insurance Company, as such, has not laid any evidence in support of their contention and in revital to the evidence laid by the cl