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.

(2.) 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.

(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.