MANGALI PARVATHAMMA Vs. P. YADAIAH

JUDGEMENT

(1.) THE bone of contention in this MACMA filed by the claimants against the Award dated 16.09.2009 in O.P.No.1784 of 2007 passed by the Chairman, MACT -cum -II Additional Chief Judge, City Civil Court, Hyderabad (for short 'the Tribunal '., is the adequacy of compensation of Rs.6,78,168/ - awarded by the Tribunal as against the claim of Rs.12,00,000/ - for the death of one M. Shankaraiah, Maali in the department of Horticulture, University of Hyderabad, in a lorry accident on 30.05.2007. The claim was made against respondents 1 and 2 who are the owner and insurer of the offending lorry. The Tribunal on consideration of the evidence held the lorry driver was responsible for the accident and fixed liability on respondents and awarded the aforesaid compensation with proportionate costs and simple interest at 7.5% p.a to the claimants who are the wife, daughter and son of the deceased respectively.

(2.) HEARD arguments of Sri P.Ramakrishna Reddy, learned counsel for appellants and Sri V.Sambasiva Rao, learned counsel for R2/Insurance Company. Notice to R1 was unserved.

(3.) PER contra, while supporting the award, learned counsel for respondent No.2/ Insurance Company firstly argued that the Tribunal was right in accepting the net salary for computation of compensation as it was done on the strength of Apex Court 's decision in Ashaand others vs. United India Insurance Co. Ltd. and another (2004 ACJ 448 (SC...