NEW INDIA ASSURANCE COMPANY LTD Vs. KETHAVARAPU SATYAVATHI

JUDGEMENT

(1.) THE insurer filed the petition for review of the judgment, dated 12-10-2007 in C. M. A. No. 380 of 2006.

(2.) THE review petitioner desires to have the judgment reviewed on the ground of the assessment of loss having to be confined to the supervisory capacities only and the contribution by the deceased having to be assessed at a much lower level than two-thirds of the income in case of an agriculturist and a business man. The reliance placed by the Court on the charge-sheet also has to be reconsidered and hence, the review petition relying on the precedents cited by the learned counsel for the review petitioner in the grounds of review and his written submissions.

(3.) SRI Kota Subba Rao, learned counsel for the review petitioner in his oral and written arguments desired preference to be given to ex. A-2 first information report but not ex. A-1 charge-sheet and when the deceased was not getting any salary, the income from business and agriculture has to be assessed with reference to the precedents cited. When the land still remains with the claimants as the legal heirs, the normal rule of deprivation of income is not strictly applicable to agricultural income. Similarly, there must be documentary evidence to establish business income. When there is no convincing evidence or proof of ownership of agricultural land, only notional income of Rs. 15,000/-has to be taken into account and the appropriate multiplier for 38 years is 12. The judgment has to be delivered in accordance with the first information report under Rule 476 of the Andhra Pradesh motor Vehicles Rules, 1989 (for short "the Rules" ).