BATTA YELLAIAH Vs. B.RAMESH

JUDGEMENT

(1.) CHALLENGING the quantum of compensation awarded in O.P.No.661 of 2005 by the Motor Accidents Claims Tribunal -cum -II Additional District Judge, at Warangal (for short "the Tribunal") as inadequate, the claimants preferred the present M.A.C.M.A.

(2.) THE factual matrix of the case is thus:

(3.) LEARNED counsel for appellants argued that the deceased was a young and able -bodied person aged 18 years and was working as Hamali in Sai Rice Mill and was earning Rs.3,000/ - per month. Besides by vending milk he was also earning Rs.1,000/ -. Despite the claimants produced Ex.A.6 - letter issued by the owner of Sree Sai Mini Modern Rice Mill, Mallur on his letter head, the Tribunal did not take it into consideration and instead, fixed his notional income at a low rate of Rs.15,000/ - per annum and accordingly awarded the compensation for loss of dependency at Rs.1,60,000/ - which is a low amount. He thus argued that Rs.4,000/ - or a reasonable amount may be taken as the monthly earnings of the deceased. He further argued that the compensation granted towards loss of estate and funeral expenses is also grossly low and the interest awarded at 6% per annum is also low. Thus, he prayed for enhancement of the compensation.