GOPANABOYINA PUNNA RAO Vs. G ANKINEEDU PRASAD

JUDGEMENT

(1.) The claimants are the appellants herein who seek enhancement of the compensation aggrieved against the Judgment and decree in O.P.No. 4 of 1993, dt. 6-10-1997 on the file of the Motor Accidents Claims Tribunal, Ongole.

(2.) The case of the claimants is that they are the parents, sisters and brother of the deceased Gopanaboyina Subbarao respectively, that on 1-7-1992 while the deceased, who is an ITI certificate holder and awaiting the employment having applied for several recruitments, was going as a labourer in a lorry bearing No.AP 27V 0045, and while the same was proceeding to Santhamaguluru village, the driver has driven the lorry in a rash and negligent manner and ultimately the lorry was turned turtle and fell down in a canal, as a result, the deceased sustained serious multiple injuries and ultimately he succumbed to the injuries. Hence the claim. The said claim was contested by the insurance company while the owner remained ex parte. It was contended by the insurance company that there was no rash or negligence on the part of the driver and that the claim is on a higher side. After framing of the issues, the claimants examined P.W.1 on their behalf and marked Exs.A-1 to A-6. On behalf of the insurance company, Ex.B-1 policy was marked without adducing any oral evidence. Considering the same, the court below held that there is rash and negligent driving on the part of the driver and fixed the monthly income of the deceased as Rs.500/- and after making necessary deductions, the court below applied the multiplier '17.5' and thus awarded an amount of Rs.66,000/- towards compensation with interest at 12% p.a. from the date of application.

(3.) Learned counsel appearing for the appellants contended that having regard to the fact the deceased was an ITI certificate holder and awaiting the employment and in the meanwhile attending to the labour work and therefore the amount as granted by the court below is very meagre and the same is even less than the minimum wage.