KISHORE M DOSHI Vs. G KRISHNAMURTHY

JUDGEMENT

(1.) THE husband, who is the sole claimant, has filed this appeal aggrieved over the inadequacy of compensation awarded by the Motor Accident Claims Tribunal (hereinafter called as the "Tribunal"), awarding a sum Rs.1,80,000/- as against the claim of Rs.4,50,000/-.

(2.) BHVANA K.Doshi, aged 33 years, Sweet and Savory Vendor, earning a sum of Rs.2,500/- per month, met with an accident on 06.05.1997, on account of rash and negligent driving by the driver of the lorry bearing Registration No.TN-04-A-5151 and died on the way to hospital. The husband filed a claim petition, claiming that he was a Dependant upon the earnings of his wife and claimed a sum of Rs.4.50,000/-. The claim is resisted by the Insurance Company pleading that there was no such accident and even if there was any, it was not due to rash and negligent driving. The age, occupation, monthly income of the deceased and legal heirship of the petitioner/appellant were disputed.

(3.) THE learned counsel for the appellant has contended that the monthly dependency arrived at by the Tribunal at the rate of Rs.1,250/-p.m. is grossly inadequate and that the Tribunal did not take into account the value of household services rendered by the deceased as house wife. THE further contention is that, if these two counts had been properly quantified, the Tribunal would have awarded the claim as prayed for.