CHINNAMA GEORGE Vs. N K RAJU

JUDGEMENT

(1.) Leave granted.

(2.) Appellants are widow and minor children of George who died in a motor vehicle accident which occurred on May 28, 1989. George was riding a scooter. It was hit by a bus driven by Mohanan, the third respondent in a rash and negligent manner. Bus was owned by N.K. Raju, the first respondent. The insurer was the Oriental Insurance Co. Ltd., the second respondent. Appellants are aggrieved by the judgment dated January 6, 1998 of the Division bench of the High Court of Kerala which reduced the amount of compensation arising out of the accident from Rs. 3,78,000/- awarded by the Motor Accident Claims Tribunal (for short, the 'Claims Tribunal') to Rs. 2,27,320/-.

(3.) George, the deceased was 36 years of age at the time of the accident. His income was Rs. 2,000/- per month. He was an actor-cum-secretary of a leading drama troupe which was staging drama in India and abroad. After deducting his personal expenses, his income was determined at Rs. 1600/- per month by the Claims Tribunal. Applying multiplier of 20 compensation amount was fixed at Rs. 3,78,000/- by the Claims Tribunal. The Claims Tribunal gave an award dated 10-1-1991 for Rs. 3,78,000/- with interest @ 12% per annum from September 1, 1989 with cost. The owner of the Bus, N.K. Raju, and the insurer filed appeal against the order of the Claims Tribunal under Section 173 of the Motor Vehicles Act, 1988 (for short the 'Act') Section 173 entitles any person aggrieved by an award of the Claims Tribunal to prefer an appeal to the High Court.