PUTTANNA Vs. LAKSHMANA

JUDGEMENT

(1.) THE parents of one P. Nagarajaiah, who had died in a motor accident involving a lorry bearing No. CTK 9534 and a bicycle on 26-4-1991 on account of rash and negligent driving by the driver of lorry, have approached this Court for enhancement of compensation which has been quantified by the Tribunal at Rs. 75,000/ -.

(2.) THE Tribunal has found that the deceased was a bachelor at the time of accident and his parents were aged about 50 and 45 years respectively. Since there was no conclusive proof about the income of the deceased and the family had 8 acres 35 guntas of agricultural land, his services in agricultural operations and income from milk vending was assessed at Rs. 900/- per month. After deducting 1/3 for personal expenses, Rs. 600/- was taken as contribution to the family. Keeping in view average age of the parents of the deceased and the law laid by the Supreme Court in the cases of G. M. KERALA. S. R. T. C. v. SUSAMMA THOMAS, AIR 1994 SC 1631 and U. P. STATE ROAD TRANSPORT CORPN. v. TRILOK CHANDRA, (1996)4 SCC 362, the Tribunal has adopted the multiplier of '10' for estimating the loss of dependency, which was accordingly assessed at Rs. 72,000/- (600 x 12 x 10 ). Apart from this, the Tribunal has also awarded a sum of Rs. 2000/- towards funeral expenses and Rs. 1000/- towards conveyance. Thus, in all, total compensation of Rs. 75,000/- was awarded with interest at the rate of 6% p. a. to be payable from the date of petition till realisation of the compensation awarded.

(3.) SO far as quantification of compensation is concerned, learned counsel appearing for the appellant could not make out any case for enhancement thereof. But his submission is that the rate of interest should have been 12% as against 6% awarded by the Tribunal. In support of his submission, he has relied on the judgment of the Supreme Court in the cases of CHAMELI WATI v. DELHI MUNICIPAL CORPORATION, AIR 1986 SC 1191, (Pr. 2) JAGBIR SINGH v. G. M. PUNJAB ROAD WAYS, AIR 1987 SC 70, (Prs. 3 and 4), and HARDEO KAUR v. RAJASTHAN STATE TRANSPORT CORPORATION, AIR 1992 SC 1261, (Pr. 12 ).