AMUDHAVALLI Vs. MAGESH

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs. 2,95,400 awarded by the Motor Accidents Claims Tribunal (Subordinate Judge), Kancheepuram in M.A.C.T.O.P. No. 391 of 1999 for the death of Gajalakshmi, her parents, brother and sister have filed this appeal. Brief facts are as follows:

(2.) Before the Tribunal, the claimant No. 2 got examined himself as PW 1 and Prakash, an eyewitness, was examined as PW 7. The representatives of various firms, which employed Gajalakshmi in their firms to check their accounts as auditor, PWs 5, 6 and 8, were examined.

(3.) Based upon oral and documentary evidence, the Tribunal held that accident was due to rash and negligent driving of lorry driver and the respondent No. 2, who is the insurer of the vehicle, has to indemnify the compensation on behalf of owner/respondent No. 1. Taking monthly income of the deceased at Rs. 1,600 and deducting 1/3rd for personal expenses and adopting multiplier 18, Tribunal has calculated loss of dependency at Rs. 2,30,400. Adding conventional damages, the Tribunal has awarded total compensation of Rs. 2,95,400 payable with interest at the rate of 9 per cent per annum.