ESTATE OFFICER UNIVERSITY Vs. SAVITRAMMA

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act is by the Estate Officer, University of Agricultural Sciences, who is the 2nd respondent in MVC No. 600 of 1983. The appellant has questioned the quantum of compensation awarded by the Tribunal in favour of respondent Nos. 1 to 3.

(2.) THE deceased Suryaprakash, husband of the first respondent and father of the respondent Nos. 2 and 3, died due to the injuries sustained by him in an accident that occurred on 27.7.1983 at 3.30 p.m. at Jayamahal Road, Bangalore. At the time of the accident the deceased was driving the autorickshaw bearing No. MED 2103. This autorickshaw was dashed by the University bus bearing No. CAA 1084. Respondent Nos. 1 to 3 are the legal representatives and have filed claim petition claiming compensation of Rs. 1,55,000/-. This claim was opposed by the appellant representing the University.

(3.) IT is contended by the first respondent, wife of the deceased, that the deceased was aged about 25 years at the time of the accident. This fact was supported in postmortem report by the doctor who conducted post-mortem on the dead body. However, the Tribunal by using its own method on the evidence placed by the parties has made a calculation of its own and came to a conclusion that the deceased could have been aged between 30 and 35 years at the time of this accident.