R MANONMANI Vs. KALIAMURTHI

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant, against the award of the Motor Accident Claims Tribunal (Sub Court), Tiruvannamalai, in M.C.O.P.No.49 of 1984.

(2.) ON 22.8.1984 at about 9.30 a.m. an accident took place between a bus TNM 6579 belonging to the 2nd respondent, driven by the 1st respondent and insured with the respondent and a cyclist, Ravi, who was proceeding from Vellore Road, near Periyar statue Tiruvannamalai. In that accident, the cyclist Ravi sustained injuries in his waist, chest stomach and died instantaneously. The appellant is the mother of deceased Ravi according to her, the accident, resulting in the death of Ravi, took place entirely owing rash and negligent driving of the bus TNM 6579 by its driver. The deceased, according appellant, was working under a private Doctor and was earning a salary of Rs.150 besides doing bead work at home, thereby earning another Rs.150 p.m., and was supporting the appellant out of his earnings. Claiming that as a result of the death of her son, Ravi, had lost the benefit of his earnings and support, the appellant prayed that compensation sum of Rs.-50,000 should be awarded to her.

(3.) BEFORE the tribunal, on behalf of the appellant, Exs.A-1 to A-3 were marked and P.Ws.1 3 gave evidence, while, on behalf of the respondents, the 1st respondent was examined R.W.I. On a consideration of the oral as well as the documentary evidence the tribunal that the accident, resulting in the death of Ravi, was the outcome of the rash and negligent driving of the bus by its driver and the cycle by the cyclist, deceased Ravi and that negligence had to be apportioned at 50:50. Dealing with the compensation awardable appellant, the tribunal found that the annual contribution of deceased Ravi to the appellant could be determined at Rs.1,500 and taking into account the age of the appellant at the of the death of Ravi, it would be appropriate to adopt a multiplier of 25 and on that basis, compensation awardable to the appellant, was determined at Rs.34,500. Consistent with finding on negligence, the tribunal halved the amount of compensation determined passed an award in favour of the appellant for Rs.18,750 together with interest at 12% from the date of claim petition, against the driver, owner and the insurer of the bus as the insurer had not established that the vehicle involved in the accident was not covered by a policy issued by it. In this appeal, the appellant has prayed that the disallowed of the compensation should also be awarded.