P OSURAMMA Vs. P RAMACHANDRA

JUDGEMENT

(1.) On 16-05-1997, the husband of the appellant boarded a van bearing No. AP 02 T 5850, owned by the 1st respondent, insured with the 2nd respondent, together with three bags of rice and three bags of cement at Anantapur to go to Marur village. A fare of Rs. 50/- for each bag is said to have been paid. The vehicle turned turtle near Chinna Vanka village. The husband of the appellant received serious injuries and was shifted to a hospital at Anantapur and after 7 days, he was shifted to Hosmat Hospital, Bangalore for expert treatment. He died on 02-06-1997 while undergoing treatment. The appellant filed O.P. No. 97 of 1998 before the Motor Accident Claims Tribunal - cum -Additional District Judge, Anantapur, claiming a sum of Rs. 1,30,000/- as compensation. It was pleaded that the deceased was aged 55 years at the time of his death and that he was earning Rs. 3,000/- per month. The 1st respondent remained ex parte and the 2nd respondent alone contested the matter. The 2nd respondent contended that the deceased was traveling in a goods vehicle. Through its order, dated 28-11-2004, the Tribunal awarded an amount of Rs. 1,11,400/- towards compensation with interest at 9% per annum against the 1st respondent alone.

(2.) The Learned Counsel for the appellant submits that the evidence on record clearly discloses that the deceased was travelling along with three bags of rice and three bags of cement and the said items deserved to be treated as goods and not luggage. He contends that the Tribunal proceeded on the assumption that the rice and cement also needs to be treated as luggage and thereby exonerated the 2nd respondent. Learned Counsel submits that the correct multiplier was not applied.

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