BABY SELVI Vs. G KANNAIAHA NAIDU

JUDGEMENT

(1.) THE deceased in m. V. C. No. 324 of 1991 is one Dhanase-karan died in the motor vehicle accident. Wife and children and the mother of the deceased are the petitioners. Deceased was working as driver in Mineral Exploration corporation, a public sector undertaking. Deceased was getting salary of Rs. 1,280 p. m. As per unit system Rs. 322 to be defrayed towards personal expenses. The total loss of dependency would be Rs. 960 x 12 x 15 multiplier. Petitioner No. 1 is entitled to Rs. 10,000 towards loss of consortium, the petitioners together entitled to rs. 10,000 towards loss of expectancy and rs. 3,000 towards funeral expenses.

(2.) IN all, the petitioners are entitled to a total compensation of Rs. 1,95,000 with interest at 6 per cent from the date of the petition till payment as against Rs. 1,21,000 awarded by the Tribunal. The enhanced compensation shall be paid equally to the petitioner Nos. 1 to 4.

(3.) THE passenger while boarding the bus, fell down and sustained fatal injuries. The Tribunal has assessed the contributory negligence of the deceased at 25 per cent and negligence of the driver of the bus at 75 per cent. The evidence adduced before the Tribunal discloses that the deceased was trying to board the moving bus as a result, he fell down. Therefore, the assessment of contributory negligence at 25 per cent is sound and proper.