RAJALAKSHMI Vs. R LOGANATHAN

JUDGEMENT

(1.) The claimants have filed the civil miscellaneous appeal against the decree and judgment dated 12.3.1998 passed by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Madras in M.A.C.T.O.P. No. 3899 of 1995.

(2.) Pandian, son of the appellants, while travelling on his cycle on 18.7.1994, at about 6.45 p.m. in New Mahabalipuram Road, a lorry owned by the respondent No. 1 was driven by its driver in a rash and negligent manner, came and dashed against him on the back side of the cycle and caused his death. The claimants made a claim of Rs. 7,00,000 (rupees seven lakh) but whereas the learned Motor Accidents Claims Tribunal passed an award only for Rs. 60,000 (rupees sixty thousand only). Aggrieved by the same, the claimants have preferred this appeal.

(3.) The case of the claimants-appellants that their son Pandian was employed as a carpenter is not in dispute. The appellants have stated that the deceased was earning Rs. 80 per day. One Paramasivam was examined as PW 3, who in his evidence had stated that he was also working as a carpenter and he and the deceased Pandian, were earning a total sum of Rs. 150 per day. It is stated that the deceased was employed under Rajangam, but they have not chosen to examine the employer and, therefore, the Tribunal had not accepted the daily wages of the deceased at Rs. 80 said to have been earned by him. But, however, the Tribunal has not chosen to fix the reasonable wages of the deceased and arrived at the compensation under no fault liability and the same is questioned in this appeal.