VEERABHADRAPPA Vs. TUKARAM

JUDGEMENT

(1.) THE Motor Accidents Claims Tribunal, Gulbarga has while allowing M. V. C. No. 335 of 1989 in part determined an amount of Rs. 36,800 with interest at 6 per cent per annum as compensation payable to the claimants-appellants in this appeal for the death of late Ratna bai who died in a road accident. Dissatisfied with the amount of compensation awarded, the appellants have appealed to this court for a suitable enhancement.

(2.) ON 29. 6. 1989, late Ratna Bai accompanied by her son Vishwanath were in Gulbarga for medical treatment. While they were walking along the main road in front of the K. S. R. T. C. Guest House, an autorickshaw bearing registration No. CNP 4163 and being driven by respondent No. 1 in a rash and negligent manner dashed against the deceased who sustained multiple injuries. She was shifted to a local hospital where she succumbed to the injuries the same day in the evening. A claim petition for payment of a sum of Rs. 4,15,000 towards compensation was in due course filed by the husband and son of the deceased before M. A. C. T. at Gulbarga. The claim was contested by respondents giving rise to three precise issues which the Tribunal formulated in the following words:

(3.) IN support of the claim, the claimants have appeared as PWs 1 and 2 apart from placing reliance upon certain documents marked as Exhs. P - 1 to P-3. Respondents however did not adduce any evidence oral or otherwise. On the material placed before it, the Tribunal recorded a finding to the effect that the accident in question had taken place on account of the rash and negligent driving of the autorickshaw by its driver. Issue No. 1 was accordingly found in the affirmative. As regards issue No. 2, the Tribunal held that in the absence of any material to show that the deceased was engaged in tailoring work and earning rs. 50 per day, her monthly income could not be more than Rs. 500. Deducting a sum of Rs. 200 per month towards her personal expenses, contribution of the deceased towards the family was taken as Rs. 300 per month and using a multiplier of 10, a sum of Rs. 36,000 was determined as the loss of dependency. A further amount of rs. 3,000 towards loss of love and affection, Rs. 5,000 towards mental shock and agony and Rs. 2,000 towards funeral expenses and transport were awarded taking the total amount of compensation due to the claimants to Rs. 46,000. After the deduction of 20 per cent towards uncertainty of life, and the payment of a lump sum ambunt, the actual amount of compensation was brought down to a princely figure of Rs. 36,800 which as seen earlier was made payable with interest at 6 per cent per annum from the date of the petition till realisation.