REKHA Vs. MALYADRI NARASIMHULU

JUDGEMENT

(1.) This appeal arises from the judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the appellants herein were awarded compensation of Rs.7,64,852/- on account of death of one Bhagwatrao which occurred on 14.2.2004, in a motor-vehicular accident involving motorcycle and truck.

(2.) On 14.2.2004, the deceased with one Gajanan on pillion were riding motorcycle on Nagpur Hinganghat road. The truck coming from opposite direction dashed against the motorcycle. The truck also turned turtle. In that Bhagwatrao received injuries and succumbed to them on the spot. He left behind him, widow, unmarried daughter aged 21 years, son aged 19 years undergoing education and one minor daughter. They all lodged claim for award of compensation of Rs.20 lakh. Matter proceeded exparte against the owner of the truck. Respondent no.2 and 3 i.e. driver and insurer of the offending vehicle resisted the application mainly on the ground that because of rash and negligent driving of the motorcycle by the deceased himself, accident occurred. The respondent no.3 insurer disputed the question about the existence of the insurance cover.

(3.) The learned tribunal framed issues. Claimants examined three witnesses. The learned tribunal held that because of rash and negligent riving of the truck accident occurred and therefore fastened the liability jointly and severally on the owner, driver and insurer of the truck. As regards the quantum of compensation, the learned tribunal assumed loss of dependency at Rs.3,842/- on the basis that take home salary of the deceased was Rs.5,762/- and after deducting 1/3 rd towards personal and living expenses of the deceased, had he been alive, yearly dependency was calculated at Rs.46,104/- and after applying multiplier of 13, having regard to the age of the deceased, awarded total amount of compensation of Rs.7,64,852/-. The only issue raised in this appeal is the quantum of the compensation.