MANDALA SIMHACHALAM Vs. NEDURU TRINATH

JUDGEMENT

(1.) Aggrieved by the award dated 27-10-2000, passed by the Motor Accidents Claims Tribunal, Vizianagaram, awarding a sum of Rs. 89,597/- as against their claim of Rs.2,00,000/- the appellants-claimants filed this appeal.

(2.) On account of the death of one Mandala Janardhana Rao in a road accident that occurred on 30-11-1997 when the bus belonging to APSRTC bearing No. AEZ 5890 driven by its driver in a rash and negligent manner hit him, his legal heirs, namely his wife, three children and mother, filed claim petition claiming a sum of Rs.2,00,000/- from APSRTC and its driver. The driver of the bus remained ex pane. APSRTC contested the claim. However, the Tribunal considering the evidence placed on record, held that the accident occurred on account of the rash and negligent driving of the bus by its driver, and awarded a sum of Rs.89,597/- which according to the claimants is very meagre.

(3.) The learned counsel for the appellants-claimants submitted that the deceased was working as a coolie and earning Rs.60/- per day, and the Tribunal committed an error in taking only Rs. 40/- per day, and that too for 25 days. Considering the age of the deceased, which was 45 years as on the date of his death, the learned counsel submitted that the Tribunal ought to have applied the multiplier 11 and not 10.45 as applied by it in computing the compensation. He submitted that the Tribunal committed an error in granting only Rs.5,000/- to the 1st claimant-wife under the head "loss of consortium" and in not granting any amount towards funeral expenses. He thus submitted that the award of the Tribunal needs modification.