SYED FATHIMA BEGUM Vs. SANGAMESH CHIDRI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants-claimants against the award and decree dated 01-11-2002 passed by the IV-Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Civil Court, Hyderabad, in OP.No. 2310 of 2000. Heard Sri M.Krishna Reddy, the learned counsel representing the appellants-claimants and Sri A.Ramakrishna Reddy, the learned standing counsel for the respondent No.2-United India Insurance Company Limited, Hyderabad. The appeal against Respondent No.1 was dismissed for default on 28-1-2010.

(2.) The facts in brief are that the deceased, who was a painter by profession said to be earning Rs.3,000=00 per month received fatal injury in the accident that occurred on 09-10-2000 at about 12:15 p.m., near Ghareeb Nawaz Hotel, Chandrayangutta, Hyderabad, due to involvement of the lorry bearing No. AIT 6366. The learned Claims Tribunal recorded a finding that the accident occurred due to rash and negligent driving of the driver of the aforesaid lorry and fastened liability on the first respondent-owner and second respondent-Insurance Company jointly and severally.. The said finding have not been appealed against by the respondents and became final. The question requires determination in the present appeal is "whether the compensation granted by the learned Claims Tribunal, is just and reasonable or requires any enhancement as claimed by the appellants-claimants in the present appeal.

(3.) The appellants-claimants, who are widow, parents and two minor children of the deceased have filed a claim-petition under section 166 of the Motor Vehicles Act, seeking compensation of Rs.5,00,000=-00. After making enquiry into the said claim, the learned Claims Tribunal by its award granted compensation of Rs.3,28,000=00 under various heads. The appellants-claimants contended in this appeal that as against the assertion made by the claimants in the claim-petition that the deceased was a painter and was earning Rs.3,000=00 per month, determined his income at Rs.2,000=00 per month and instead of making 1/4th deduction, deducted 1/3rd towards personal and living expenditure and therefore, the compensation has to be properly computed and just and reasonable compensation be awarded.