YELIDINDI RAMALAKSHMI Vs. CHEEPURI RAMBABU

JUDGEMENT

(1.) THIS appeal is directed against the award in M.V.O.P. No.283 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, East Godavari at Kakinada, dated 19-08-2005.

(2.) YELIDINDI Sathibabu, a mason aged 30 years, was earning Rs.200/- per day with which he was maintaining his wife, minor daughter, minor son and parents totally depending on him. On 07-02-2002, Sathibabu and others were travelling by auto No.AP 5Y 763 and when it reached M.D.O. office, Rangampeta at about 3 P.M., the auto turned turtle due to the rash and negligent driving by its driver. Sathibabu died on the spot due to the injuries and crime No.7 of 2002 was registered by the police. The driver-cum-owner and the insurer are claimed to be liable to compensate the claimants with Rs.3,00,000/- with interest at 18 per cent per annum.

(3.) THE Tribunal rendered the impugned award firstly accepting the evidence of the eye witness P.W.2, corroborated by Ex.A.1 first information report and Ex.A.3 inquest report to conclude that the accident occurred due to the rash and negligent driving of the auto. In assessing the compensation, the Tribunal first accepted that the claimants were dependents on the deceased and took the age of the deceased to be between 30 and 35 years as seen from the inquest report and the post-mortem report. THE Tribunal applied multiplier of 17 for the said age of the deceased, but took the notional income of the deceased only at Rs.15,000/- per annum as per the Second Schedule to the Motor Vehicles Act in the absence of any documentary corroboration for the oral claims of P.Ws.1 and 2. THE loss of dependency was worked out by deducting one-third income towards personal expenses of the deceased, at Rs.1,70,000/- and a further sum of Rs.2,000/- towards funeral expenses and Rs.5,000/- towards loss of consortium were also awarded. THE Tribunal further found that as the 1st respondent violated the terms and conditions of the insurance policy by carrying four passengers in the auto and caused the accident, the insurer cannot be held liable for any claim for compensation. THErefore, the Tribunal directed payment of the compensation awarded only by the 1st respondent to the claim with interest at 6 per cent per annum and the Tribunal further directed apportionment and disbursement of the compensation.