IRRINKI NARAYANASWAMY Vs. MIRYALA SEETHARAMAYYA

JUDGEMENT

(1.) This appeal is filed by the appellants aggrieved by the decree and judgment in O.S.262 of 1984 dated 4-11-1985 passed by the Addl. District Judge-cum-Motor Accidents Claims Tribunal, West Godavari, Eluru.

(2.) The brief facts of the case are: On 30-3-1984 at about 4.00 p.m. the deceased was going on a motor cycle A.D.W. 7091 on the road leading from Marellavari Veedhi to Rest House at Bhimavaram. The Lorry A.B.K. 7938 coming from north to south towards Rest House Road dashed against the deceased and he died on the spot. The motor cycle of the deceased was also damaged beyond repair. On the basis of the evidence of P.Ws. 2 and 3 who are independent witnesses, the Lower Court came to the conclusion that the accident occurred due to the rash and negligent driving by the driver of the lorry. With regard to the quantum of compensation, the Lower Court took into consideration the age of the parents and adopted the multiplier of 8. As the deceased studied only upto 10th class, the Lower Court held that his earning capacity can be filed at Rs.300/- per month and Rs.100/- can be deducted towards his personal expenses and thus his contribution towards his family would be Rs. 200/- per month. It also held that there was contributory negligence on the part of the deceased and as such 10% of the compensation can be deducted. It granted a total compensation on Rs.23,200/- and deducted 10% out of it for the negligence on the part of the deceased and held that only Respondents 1 and 2 who are the driver and owner of the lorry respectively are liable to pay the compensation of Rs. 20,880/- to the petitioners 1 and 2 who are the appellants herein. As there was a clear violation of the conditions of the policy issued by the Insurance Company because the owner did not appoint a driver who is having a valid licence, it held that the Insurance Company is not liable to pay the compensation. Aggrieved by the same, the claimants have filed this appeal.

(3.) The contention of the appellants is that the Tribunal erred in granting only a sum of Rs. 20,880/- as against Rs. 1,00,000/- claimed by them. It is further contended by them that the Insurance Company is also liable to pay because there is no evidence to show that the driver of the lorry had no valid licence and that the burden of proving the same is on the Insurance Company.