LAWS(APH)-1983-12-8

ERUKULAPATI LAKSHMISARASWATHI Vs. STATE BANK OF INDIA

Decided On December 19, 1983
ERUKULAPATI LAKSHMISARASWATHI Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) This appeal relates to the compensation payable on the death of a vegetable vendor and farmer who is aged about 35 years. He was involved in an accident on the high way of Tenali- Nandivelugu. The accident occurred on 9th February, 1963, between 9-30 and 10 A. M . The deceased was riding over a cycle and was hit from behind and three days later he died.

(2.) His father, wife and three mino children claimed Rs. 34,900 towards compensation. The Tribunal awarded Rs. 9.400 Hence the appeal by the claimants.

(3.) It is seen that the deceased was owning land and from out of the vegetables grown in his land, be was vending them and making his livelihood. As he was only 35 years old, his yearly income was determined as Rs. 3,000. From the above facts it is seen from any stand point of view., awarding of compensation of Rs. 9,400 cannot be justified.