H T BHANDARY Vs. MUNIYAMMA

JUDGEMENT

(1.) This appeal is in the list of orders cases for the day on the Respondent's application I.A. IV, for early hearing. However, with the consent of Learned Counsel on both the sides the appeal is taken up for final hearing, heard and disposed of by this Judgment. This appeal, by the owner of the motor-vehicle and the Insurer, is directed against the award dated 14-11-1983 made by the Motor Accidents Claims Tribunal-II, Metropolitan Area, Bangalore City, awarding a compensation of Rs. 55,000/- in a fatal accident's action.

(2.) The claimant sought a compensation of Rs. 1,35,000/-for the death of her husband, Ramaiah, in the Motor accident which occurred on the Hosur Road, Bangalore at 10-30 A.M. on 18-10-1980, The deceased - Ramaiah was a pillion rider on the Scooter MAE 6673 driven by Kalappa, (P.W.2) and that the Car, MEN 7388 owned by the Ist appellant and driven by Shivashankar, (R.W. 1) collided against the scooter. Ramaiah succumbed to the injuries on 20-10-1980 at the NIMHANS.

(3.) The appellants contested the claim. In the course of the trial, claimant tendered evidence as P.W.I. Kalappa, the driver of the scooter was examined as P.W. 2. A copy of the F.I.R.; the postmortem report; a copy of the Mahazar ; and copy of the spot sketch were marked in evidence as Exhibits P-1 to P-4. On the side of the appellants, Shivashankar, the driver of the car was examined as R.W-1. On an appreciation of the evidence on record, the Tribunal held that the accident was the result of the actionable negligence on the part of the driver of the car. The Tribunal estimated the contribution of the deceased to the claimant at Rs. 200/- per month. This loss of dependency was capitalised on 20 years purchase value and a sum of Rs. 48,000/- was awarded in this behalf. The other awards consisted of Rs. 2,000/- towards loss of consortium ; and of Rs. 5,000/- under the head 'item of other expenditure.' In all, a sum of Rs. 55,000/- came to be awarded.