SYED SAHEB Vs. MUDE DEVULI

JUDGEMENT

(1.) C.M.A.NO. 739 of 1986. This appeal is filed by the owner of the lorry and also the Insurance Company, which insured the lorry, against the order dated 20th January, 1986 in O.P. No. 423 of 1984 on the file of Motor Accidents Claims Tribunal-cum-II Addl. District Judge, Cuddapah.

(2.) According to the claimants, the deceased was trading in bulls, earning on an average Rs. 30,000/- per year. That version has been disbelieved by the Tribunal. He was treated as a wood-cutter and his daily earnings were estimated at Rs. 20/- perday, out of which he was spending Rs.15/-perday for his family. The Tribunal following the decisions in Manjushiri vs. Gupta and Srisailam Devasthanam vs. Bhavani Parimalamla and others granted a total compensation of Rs. 1,03,450/-. It is against that the present appeal has been filed.

(3.) So far as the rash and negligent act of the driver of the vehicle, it cannot be gone into at this stage, as a definite finding is given by the Tribunal basing on the material evidence that has been adduced by the parties. So, the finding regarding rash and negligent driving of the vehicle has to be confirmed.