NEW INDIA ASSURANCE CO LTD Vs. SAMALA AGAIAH

JUDGEMENT

(1.) These two appeals arise out of the order, dated 21.02.2005, passed by the Chairman, Motor Accidents Claims Tribunal-cum-Third Additional District Judge, Karimnagar in O.P.No.782 of 2003.

(2.) M.A.C.M.A.No.3677 of 2005 is filed by the New India Assurance Company Limited, which was the second respondent before the Tribunal below, whereas M.A.C.M.A.No.3714 of 2005 is filed by the claimant.

(3.) The claimant, who is the younger brother of the deceased, filed a claim petition under Section 166 (1)(c) of the Motor Vehicles Act, 1988 (for short, 'the Act') on account of the death of the deceased in the motor vehicle accident seeking compensation of Rs.2,00,000/-. According to him, the deceased was a Weaver and was earning Rs.5,000/- per month. It was contended before the Tribunal below by the New India Assurance Company Limited, which is the insurer of the offending vehicle, that since the claimant is not dependent on the deceased, he is not entitled to claim compensation under the provisions of the Act. THE learned Tribunal repelled its contention on the ground that as a legal representative of the deceased, the claimant can seek compensation under Section 166 of the Act notwithstanding the fact that he is not a dependent on the deceased. THE learned Tribunal considered the income of the deceased notionally at Rs.2,000/- per month believing the version that the deceased was a Weaver by profession and by applying multiplier in Bhagwan Das vs. Mohd.Arif 1987(2) ALT 137'scase, awarded compensation of Rs.82,000/-.