RAJAMANI Vs. K RAVINDRA

JUDGEMENT

(1.) THESE two appeals are arising out of a road traffic accident caused by the driver of the vehicle bearing No. TN 27/y 4804 on 5-11-1996 at about 9 a. m. near Jangalapalya on Bannerghatta-Anekal road.

(2.) THE appellants in the first appeal are the legal heirs of one Raman who was aged about 45 years and died in the accident. The appellants in the second appeal who are the legal heirs of one Arunachalam who was aged about 25 years who also died in the accident. Immediately after the accident both of them were shifted to the hospital and Raman died in the hospital three days after the accident whereas Arunachalam died on the way to the hospital. The Tribunal, after considering the avocation of these two deceased, has held that they were earning a sum of Rs. 50. 00 per day as wages, out of which 1/3rd has been deducted towards their personal expenses and thereafter has assessed the loss of dependency at rs. 1,000/- per month. Accordingly, the loss of dependency has been determined in the first case, by applying the multiplier 13 at Rs. 1,56,000. 00. In the second appeal, applying the multiplier 17, has determined the loss of dependency at Rs. 2,04,000. 00. Thereafter, in both the claim petitions, the Tribunal has awarded a sum of Rs. 30,000. 00 towards loss of consortium, loss of expectancy and funeral expenses. Being dissatisfied with the judgment and award under appeal, these two appeals are presented by the claimants.

(3.) I have heard the learned Counsels for the parties.