JANAKI Vs. RAJAN

JUDGEMENT

(1.) Can an apprentice earning a paltry monthly stipend be treated as an "earning member" and denied the benefit of Clause 6(a) of the Second Schedule incorporated under Section 163A of the Motor Vehicle Act

(2.) This is the short, but interesting question that has come up for consideration in this appeal preferred by the old parents and siblings of a 24 year old victim of a road traffic accident.

(3.) The youngster aged 24 had been admittedly working as an apprentice in M/s Malabar Cements Ltd. at the time of the unfortunate fatal accident. It is not in dispute that he had been earning a sum of Rs.524.70 per month. On May 14, 1995, the youngster was knocked down from his two wheeler by a speeding bus. He succumbed to the fatal injuries sustained by him in the accident. It was in the above circumstances that the old parents and brothers and sisters of the deceased victim instituted the claim petition under S. 163A of the Act seeking compensation from the owner, driver and insurer of the offending stage carriage.