NATIONAL INSURANCE CO LTD Vs. CHINNAKARASAMMA

JUDGEMENT

(1.) Second respondent-Insurer in O.P.No.78/87 on the file of the Motor Accidents Claims Tribunal cum-District Judge, Chittoor, preferred this appeal.

(2.) B. Muniappa, aged about 50 years and managing the cultivation of his family lands died on 24-7-86 in a motor vehicle accident caused due to rash and negligent driving of the car TNJ 7641. Wife, children and mother of the deceased filed the above claim petition for a total compensation of Rs.258,000/- from the driver, insurer and owner of the car TNJ 7641 involved in the accident The claim was not contested by the driver and owner. Only insurer resisted the claim by filing counter. The tribunal, after due enquiry, found that the accident occurred due to rash and negligent driving of the car TNJ 7641 resulting in the death of B. Muniappa in the accident. The tribunal awarded a total compensation of Rs.185,000/- and after deducting Rs.15,000/- compensation paid under 'no fault liability' in O.P.No.79/87. Ordered the respondents to pay the balance of compensation of Rs.170,000/- jointly and severally. Insurance Company, aggrieved by the above award, preferred this appeal.

(3.) Learned counsel for the appellant submits that the tribunal arbitrarily determined the annual income of the deceased, did not make appropriate deductions in the income towards personal living expenses of the deceased and arrived at a compensation on application of wrong multiplier. The plea and evidence of the claimants is that the family of the deceased owned 26 acres and deceased was managing the cultivation and earning about Rs.2,000/- per month. The finding of the tribunal on this aspect runs:-