LACHUGARI VITTAL Vs. SHAIK MAHMOOD

JUDGEMENT

(1.) AGGRIEVED by the quantum of compensation awarded by the Tribunal in O.P.No.687 of 2003 for the death of deceased L. Santosh Kumar, the claimants who are his father, mother and sister filed the instant MACMA.

(2.) FACTUAL side, on 28.03.2003 at about 3:45 pm, when the deceased Santosh Kumar and his friend Narsimha Reddy were proceeding on Hero Honda motorcycle bearing No.AP 9 A 1055 from Gummadidala village to Narsapur and when they reached near turning of Kondapur village shivar, one lorry bearing No.AAT 5321 came in opposite direction being driven by its driver in a rash and negligent manner and dashed the motorcycle. Thereby, the deceased died on the spot and the said Narsimha Reddy died while shifting to hospital. Hence the claimants filed O.P.No.687 of 2003 against respondents 1 and 2, who are the owner and insurer of the offending lorry and claimed Rs.4,00,000/ - as compensation. 1st respondent remained ex parte and 2nd respondent/ Insurance Company filed counter and opposed the claim denying all the material averments and urged to put the claimants in strict proof. After trial, the Tribunal basing on the evidence on record awarded Rs.2,64,000/ - with costs and interest at 7.5% p.a. Hence the appeal by claimants.

(3.) A ) Impugning the award as inadequate and not considered certain parameters provided in the precedential law for computation of compensation, learned counsel for appellants firstly argued that the Tribunal grossly erred in fixing the monthly income of the deceased as Rs.3,000/ - despite the claimants produced the documentary evidence through Ex.A.6 showing that the deceased was a Class -V contractor and entitled to tender the Government contract works up to a limit of Rs.2,00,000/ - and by doing such contract works he was earning Rs.10,000/ - p.m.