K PRATAP REDDY Vs. P V S RAMABABU

JUDGEMENT

(1.) One Mr. K. Tirupati Reddy, son of appellants 1 and 2 and brother of appellant No.3, was said to have been employed in Manikchand Gutka Company, on a monthly salary of Rs.2,000/-. On 9-5-1995, a Scooter bearing No.AP- 28A-3852, owned by the first respondent and insured with the second respondent, hit him, while he was proceeding on a bicycle, wherein he sustained grievous injuries and died while undergoing treatment. The appellants filed O.P.No.797 of 1995 before the Motor Accident Claims Tribunal- cum-District Judge, Ranga Reddy District, claiming a sum of Rs. 1,20,000/- as compensation. It was pleaded that the deceased was aged 23 years and that the accident occurred, on account of the rash and negligent driving on the part of the driver of the Scooter.

(2.) The first respondent denied his liability to pay the compensation, on the ground that the vehicle was insured with the second respondent-Insurance Company. The latter filed a counter-affidavit, disputing the occurrence of accident and involvement of the Scooter in it. The appellants were put to strict proof of the facts pleaded by them. Through the order, dated 7-10-1998, the Tribunal awarded a sum of Rs.61,800/- as compensation, together with interest at the rate of 12% per annum. The appellants seek enhancement of the same.

(3.) Sri L. Prabhakar Reddy, the learned Counsel for the appellants submits that the monthly salary of the deceased was taken at a meager figure by the Tribunal and that an improper multiplier was applied. He further contends that no amount was awarded towards funeral expenses.