GODAWARIBAI Vs. MAHARASHTRA STATE ROAD TRANSPORT

JUDGEMENT

(1.) DISSATISFIED with the grant of claim of only Rs. 29000/- with interest at 6 per cent per annum granted to the legal heirs of the deceased Jethmal Panpalia in a Claim Petition No. 5 of 1981 decided on 10th September 1981 under Section 110-A of the Motor Vehicles Act by the Motor Accidents Claims Tribunal, Amravati, the present appeal has been filed.

(2.) THE Motor Accidents Claims Tribunal, Amravati, held Maharashtra State Road Transport Corporation and the driver Narendra Bharati, employed by it, responsible for the death of deceased Jethmal Panpalia on account of rash and negligent driving of a bus, rejecting several defences inter alia that of contributory negligence. A claim of Rs. 1,00,000/- was made. The respondents have not challenged the order passed by the Tribunal either by filing an appeal or cross-objection. The only point thus that falls for determination is whether the appellants are; entitled to enhancement of compensation and if yes, to what extent ?

(3.) THE only witness examined by the petitioners is PW 2 Godavaribai. Her unchallenged testimony that out of his own income Jethmal had purchased a house at Pulgaon and had taken out a life insurance policy for Rs. 15000/-shows that he was earning good income. According to Godavaribai, Jethmal was earning Rs. 25000/- per year from agriculture and kirana shop. In her cross-examination, she has stated that he was getting Rs. 15000/- from agriculture and that expenses on agriculture come to Rs. 10000/-. It is obvious that reference to income of Rs. 15000/-from agriculture is reference to the net income. Giving some allowance to exaggeration, it can safely be said that the net income from kirana shop as well as from agriculture would not be less than Rs. 15000/-. Personal expenses of Jethmal were Rs. 5000/- and thus, his contribution to the dependants could not be less than Rs. 10000/- per annum.