SHARANAPPA LAXMANAPPA Vs. MANIK KASHINATH MAHINDRAKAR

JUDGEMENT

(1.) SHIVANAND , an unemployed graduate, was given a loan of Rs. 15,000/- from the Bank of India. With this capital he started business and used to take contracts from the Municipal Committee, Zilla Parishad and Collectorate. He had repaid some of the loan but met with an accident while travelling in a matador vehicle driven by respondent No. 2 Nande and owned by respondent No. 1 Manik Mahindrakar, which proved to be fatal. As Shivanand was unmarried, his parents filed Claim Petition No. 5 of 1980 before the Accident Claims Tribunal. Ahmednagar, which awarded a sum of Rs. 18,560/-, against which the present appeal has been preferred.

(2.) THOUGH evidence was led before the Tribunal that Shivanand had supplied materials worth Rs. 52,000/- to the Corporation in the year 1976-77 and the father of the deceased had spoken about the income of Shivanand of Rs. 1,000/- per month, the learned member of the Tribunal felt that in view of the cut-throat competition between the contractors and corruption prevailing in the market, a young contractor has to do business without earning a single farthing. With this view of the business, the learned member calculated the dependency of the members of the family at Rs. 200/- per month.

(3.) MAINTAINING the method of calculations adopted by the learned member as respects Petitioners Nos. 1 and 2, we find that the petitioners would have been entitled to a round figure of Rs. 35,000/-. We propose to deduct 20 per cent out of it as done by the learned member on account of lump sum payment and arrive at a figure of Rs. 28,000/-.