LAXMIM LAXMAN VARANG Vs. PURSHOTTAM VOLVOIKAR

JUDGEMENT

(1.) THE appellants - -original petitioners (mother and sisters) have preferred this appeal against the quantum awarded by the Motor Accidents Claims Tribunal, Panaji in Claim Petition No. 79 of 1985. Whereas the claim preferred was to the extent of Rs. 3,50,000/ -, the learned Member was pleased to award the compensation of Rs. 57,500/ - with 8% interest thereon plus the costs of Rs. 2,000/ -. According to the appellants, this amount is based on wrong calculation in the matter of compensation awarded by the learned Member. Ex -facia, the contribution taken towards the family by the deceased is ridiculously low and hence the compensation should be enhanced.

(2.) THE learned Advocate for appellants has contended that although the learned Member was pleased to record the findings that the earning of the deceased was around Rs. 1,000/ -, the contribution of Rs. 300/ - p.m. was not at all proper in the context of his monthly salary. That amount should have been taken at the rate of Rs. 800/ - to Rs. 900/ - p.a. Further there were other heads on which compensation should have been awarded.

(3.) IT may be stated that on the question of negligence, no serious challenge has been offered in view of the evidence of the witnesses examined on behalf of the appellants. The facts are that on 1.10.1985, the deceased was standing near the Pan shop and at about 2.15 p.m. the jeep No. GDL -9740 belonging to the appellant -respondent No. 2 came in high speed. It was driven by respondent No. 1 i.e. Purushottam Volvoikar. As a result of rash and negligent driving, the deceased Yeshwant Varang - -the son of appellant No. 1 and brother of appellants Nos. 2 and 3 - -was knocked down. He sustained serious injuries and died on account of the accident. The petitioners claimed that the deceased was earning Rs. 1,500/ - p.m.