HEMANTH KUMAR Vs. VIJAYANANDA ROAD LINES LTD

JUDGEMENT

(1.) This appeal arises out of the judgment and award dated 11th August, 2006 passed in M. V. C. No. 98/2004 on the file of the Additional Motor Accidents Claims Tribunal, Fast Track Court-II at Davangere, ('Claims Tribunal' for brevity). This appeal is presented by appellants mainly on the ground that, the compensation of Rs. 3,22,000/- awarded by Claims Tribunal is inadequate and requires enhancement.

(2.) The facts in nutshell are. one Smt. Shanthamma is the deceased in this case. The appellants are respectively the son, daughter and husband of the deceased. That on 20th February, 2004, at about 8.30 a.m., when the deceased was waiting for the bus at Chikkabidharekallu by the side of the road along with her husband, the third appellant herein, the second respondent being the driver of the lorry bearing No. KA-25/A- 2361 came driving the same from Tumkur towards Bangalore in a rash and negligent manner and dashed against her. As a consequence of the same, she suffered serious fatal injuries. Immediately, the deceased was shifted to the hospital and in spite of the best treatment, she could not be saved and she succumbed to the injuries on 21st February, 2004. The deceased was working as skilled tailor at L. T. Karle & Company Manufacturers and Exporters of Ready-made Clothes and was getting salary of Rs. 3,000/- per month. On account of the death of the deceased in the accident, the claimants appellants herein have filed the claim petition seeking compensation of Rs. 7,22,000/-. The said claim petition had come up before the Claims Tribunal on 11th August, 2006 and the Claims Tribunal, after hearing the learned counsel for the parties and after considering the oral and documentary evidence and other material on file, has allowed the claim petition and awarded in all, compensation of Rs. 3,22,000/- with interest at 6% per annum from the date of petition till the date of payment of entire compensation amount. Being not satisfied with the compensation awarded by the Claims Tribunal, the appellants have presented this appeal seeking enhancement of compensation under various heads.

(3.) It is the submission of the learned counsel for appellants that, the Claims Tribunal has erred in taking the income of the deceased at Rs. 2,400/- per month even though it was stated by the husband of the deceased that she was working as skilled tailor and getting a sum of Rs. 3,000/- per month apart from over time payments. Further, he submitted that, the deceased was aged 30 years at the time of accident and the Claims Tribunal has failed to adopt appropriate multiplier. Therefore, the impugned judgment and award passed by the Claims Tribunal is liable to be modified.