RAIMAND AUGUSTINE Vs. LUDVIC

JUDGEMENT

(1.) The claimants in M. V. OP. No. 84 of 1979, before the Motor Accidents Claims Tribunal, Ernakulam, are the appellants. The first and second appellants are the parents of deceased Ryan alias Vava, whereas the third and fourth appellants are his brothers. The deceased was involved in an accident on 13-1-1976 at about 5.00 p. m. He was thrown out of a stage carriage owned by the first respondent in which he was employed. The accident took place near the Aerodrome Junction, W. Island.

(2.) The claim petition was filed on 10-4-1976. The appellants claimed an amount of Rs. 75,000/- as compensation for the death of the deceased By its award dated 7-7-1980, the Tribunal awarded an amount of Rs. 9,800/- with interest at the rate of 6 per cent from the date of award. An amount of Rs. 10,012/- was paid by the insurer in January, 1981 pursuant to the award In this appeal, the appellants claim a further amount of Rs. 65,200/- as compensation.

(3.) On the evidence adduced before it, the Tribunal held that the average monthly earnings of the deceased from bis employment under the first respondent would have been Rs. 150/- and the average monthly dependency would have been Rs. 60/-. The first and second appellants were aged 64 and 54 at the time of the accident. The Tribunal adopted the multiplier of 15 and awarded an amount of Rs. 9,800/- after deducting 1/10th of the aggregate amount for uncertainties and for lump sum payment.