LAWS(APH)-2001-10-22

G LAKSHMAMMA Vs. NAVATHA ROAD TRANS

Decided On October 12, 2001
G.LAKSHMAMMA Appellant
V/S
NAVATHA ROAD TRANSPORT Respondents

JUDGEMENT

(1.) This appeal arises out of the order and decree in O.P. No. 594 of 1994 passed by Motor Accidents Claims Tribunal, Kurnool. The petitioners in the O.P. have filed appeal dissatisfied with the quantum of compensation awarded by the Tribunal.

(2.) Since the scope of this appeal is a limited one, viz., whether the compensation granted by the-Claims Tribunal calls for enhancement or not, it is redundant to narrate the factual aspects, which are not in dispute.

(3.) The main contention of the learned counsel for the appellants in this appeal is that the Tribunal erred in fixing the loss of dependency of the appellants due to the death of the deceased at a low rate. According to the learned counsel for the appellants, the Tribunal has calculated the loss of dependency/pecuniary damages on the basis that Rs. 500 to Rs. 600 per month towards supervisory charges is the only loss to the appellants. On that basis, the Tribunal has awarded a sum of Rs. 90,000 towards loss of dependency to the family, and another sum of Rs. 5,000 towards loss of consortium to the wife of the deceased. It is the contention of the learned counsel for the appellants that as on the date of his death in the accident the deceased was owning Ac. 16 and getting Rs. 60,000 to Rs. 70,000 per year from that land and so the appellants are entitled to more compensation than the one awarded by the Tribunal.