T BALAIAH Vs. PAWAN PRAKASH AGARWAL

JUDGEMENT

(1.) Heard Smt. B. Roja Ramani learned Counsel appearing for the appellants and Sri Katta Laxmi Prasad, learned Counsel appearing for the respondent No. 2. This appeal is filed against the order dated 28.5.2007 passed by the Motor Accidents Claims Tribunal cum III Additional Chief Judge, Hyderabad in OP No. 51 of 2006 seeking enhancement of compensation on the ground that the learned Tribunal ought to have considered the income of the deceased which was mentioned in the claim petition and in the oral evidence adduced before the learned Tribunal.

(2.) The deceased-Balaswamy is a mason (skilled labourer) and according to the claimants he was aged 40 years on the date of accident and earning Rs. 150/-per day, but the learned Tribunal only considered his income as Rs. 125/- per day and awarded compensation of Rs. 4,62,000/-with interest @ 7.5% per annum from the date of petition till the date of realisation.

(3.) The claimants filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 6 lakhs on account of the death of the deceased-Balaswamy in a motor vehicle accident occurred on 2.12.2005 due to rash and negligent driving of the driver of the oil tanker bearing No. MH 15 AG 6865, which came from behind and dashed the deceased and another, who were coming on a cycle.