MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION (COIMBATUR) LTD. NO. 37, METTUPALYAM ROAD COIMBATORE-636007 TAMILNADU STATE Vs. SMT. MANGALAGOWRI W/O. RAMU D/O. NARAYANAPPA

JUDGEMENT

(1.) ONE Narayanappa, a pedestrian was knocked down by bus bearing No. TS -38/N -1137 which belonged to the appellant, in a road traffic accident on 29.09.2006, due to rash and negligent driving by the driver. The deceased was a mastery and was aged about 50 years. In a claim petition filed under S.);">166 of Motor Vehicles Act, 1988, against the respondent, MACT has passed the award for Rs. 4,98,000/ - with interest at 6% p.a. from the date of claim petition till two months next after the order and at 9% p.a. for subsequent period, if compensation amount is not deposited within two months. Feeling aggrieved, the respondent in the claim petition has filed this appeal. For the appellant, firstly, it is contended that the accident occurred due to rash and negligent act of the pedestrian himself. Secondly, there being no credible evidence with regard to the deceased earning Rs. 4,500/ - p.m., the loss of dependency determined at Rs. 4,68,000/ - is excessive. Multiplier of 12 ought to have been applied instead of 13. Thirdly, awarding of interest at 9% p.a. If the sum is not deposited within two months is erroneous.

(2.) LEARNED Advocate for the respondents -claimants, on the other hand, would argue in support of the findings and the award passed by the MACT and submit that there being just award, the appeal may be dismissed.

(3.) DECEASED was aged about 50 years, as is evident from Ex.P6. He was a mastery doing construction work. Tribunal, disbelieving the evidence of PW -1, that the deceased was earning 7200/ - per day and was contributing to the family, keeping in view his age and the nature of work as well as the uncertainty factors, has taken the earnings of the deceased Narayanappa at Rs. 150/ -per day or 74,500/ - p.m. 1/3rd was deducted towards personal expenses of the deceased and the balance was taken as contribution to the family. Multiplier of 13 was applied and loss of dependency has been determined at Rs. 4,68,000/ - to which Rs. 30,000/ - was added under the conventional heads.