APSRTC Vs. SARITA DEVI DUJARI

JUDGEMENT

(1.) These two civil miscellaneous appeals arise out of common award, dated 24.4.2003, in OP No.649 of 2001 on the file of the Motor Accidents Claims Tribunal -cum -Additional District Court, Vizianagaram (for short "the Tribunal").

(2.) While CMA.No.2774 of 2003 is filed by the Andhra Pradesh State Road Transport Corporation (for short 'the Corporation'), i.e., respondent Nos.2 and 3 in the above-mentioned OP, CMA No.965 of 2004 is filed by the claimants therein. For convenience, the parties are referred to as they are arrayed in the OP.

(3.) At the hearing, the learned Counsel for the claimants has advanced two contentions viz., (1) that even if the Tribunal was justified in taking Rs.3,500/- as the monthly income of the deceased at the time of the accident, it has failed to properly take into consideration the future prospects as per the law laid down by various judgments of the Supreme Court which were reviewed in Sarla Verma and others v. Delhi Transport Corporation and another, 2009 3 ALD 83 and; (2) that the Tribunal has committed an error in not adopting the multiplier of 16, as the age of claimant No.1, who is the mother of the deceased, was 40 years at the time of the accident.