RANGAPPA Vs. B L MAHALINGAPPA

JUDGEMENT

(1.) THE dependants of the deceased being aggrieved by the judgment and award dated 3rd January, 2001 passed in M. V. C. No. 1299 of 1998 on the file of the Motor Accidents Claims Tribunal, Chitradurga (for short, 'the mact'), have preferred this appeal under Section 173 (1) of the Motor vehicles Act, 1988 (for short, 'the Act'), seeking more compensation. The facts of the case as stated by the claimants in their claim statement in brief are as follows: the fact that the deceased Puttamma died in an accident caused due to rash and negligent driving of an autorickshaw bearing Registration No. KA-16/6189 by its driver is not in controversy. According to the claimants the deceased was 35 years aged on the date of accident; she was earning monthly income of Rs. 3,000 as vegetable vendor. On that basis, the claimants claimed total compensation of Rs. 5,00,000/- under various heads.

(2.) THE MACT having opined that the claimants have not produced any satisfactory proof with regard to the income of the deceased took the monthly income of the deceased notionally at the rate of Rs. 1,200/- and on that basis and after deducting 1/3rd of the same towards personal expenses computed loss of dependency in a sum of Rs. 1,44,000/- by applying multiple 15. In addition, the MACT has awarded a sum of Rs. 5,000/- towards loss of consortium, Rs. 10,000/- towards loss of expectancy of life, Rs. 5,000/- for transportation of dead body and funeral expenses. Thus, the MACT has awarded total compensation of Rs. 1,64,000/- with interest at 6% per annum from the date of claim petition till its realisation.

(3.) THE learned Counsel for the claimants, while assailing the correctness of the quantum of compensation awarded by the MACT, would contend that the MACT has seriously erred in law as well as on facts in taking the income of the deceased only at the rate of Rs. 1,200/- per month. According to the learned Counsel, the MACT has completely failed to take into account the money value of the services rendered by the deceased as a wife to her husband and as the mother of four minor children. Learned Counsel would also contend that appropriate compensation is not awarded under conventional heads.