K PUSHPAIN Vs. ANNA TRANSPORT CORPORATION

JUDGEMENT

(1.) THE Petitioners before the Tribunal below, who are the widow, two minor children and parents of the deceased Kandasamy, who died in the motor accident that took place on 2.8.1981, are the appellants in this appeal under section 110-D or the Motor Vehicles Act. 1939. THEy were awarded a sum of Rs. 50,350/as compensation for the loss of the deceased in the said accident. Not satisfied with the said award (as against their original claim of compensation to the extent of Rs. 3,00,500/-), they have filed this appeal claiming a further award of compensation to the extent of Rs. 1,50,150/-.

(2.) IN the said accident, the bus bearing registration No. T.N. 6146 of the respondent Corporation dashed against the taxi car in which the deceased was travelling and a result of the said accident, he died.

(3.) SO far as his first contention is concerned, no doubt the Tribunal below has found that no records have been produced regarding the actual income of the deceased and further, it is also pointed out that the abovesaid toddy shop licence was only for one year. Further, the trial Court has also found that no agricultural income tax or other income tax for his business has been paid by the deceased. However, the learned counsel for the appellants draw our attention to the decision in Gujarat State Road Transport Corporation v. Malubai Menand 1 , wherein it was held that proper compensation had to be paid keeping in view the agricultural holdings of the deceased also even though those agricultural lands, even after the death of the deceased remained intact with the dependants. That is so because of the loss of the head of the family and the consequent reduction in the income from the said lands due to possible deficiency in the supervision or management of the said lands.