LAWS(APH)-1996-11-10

A HANUMANTH REDDY Vs. B JASWANTH SINGH BHATIA

Decided On November 12, 1996
A.HANUMANTH REDDY Appellant
V/S
B.JASWANTH SINGH BHATIA Respondents

JUDGEMENT

(1.) The award of the Motor Accidents Claims Tribunal, Secunderabad in O.P. 475/80 dated 5-7-80 is challenged by the claimants on the ground that the amount of Rs.10,000/- awarded by way of compensation in a claim petition filed under Section 110-A of the Motor Vehicles Act, 1939 (for short the Act) for the death of the deceased Shankar Reddy is inadequate.

(2.) The claimants are the parents of the deceased Shankar Reddy who died in the Motor accident that occurred on 13-5-1978 which is found to be due to the rash and negligent driving of lorry No.MHB 7881 by its d river respondent No.2. Respondent No. 1 is the owner of the vehicle and respondent No.4 is the Insurer. Finding the age of the deceased at 26 years and the age of the claimants at 59 years and 49 years respectively and holding that the family of the deceased and the claimants have some agricultural land and the family never lost any thing by the death of the deceased and actually benefitted due to his death, the Tribunal fixed a notional sum of Rs.10,000/- by way of compensation.

(3.) The learned Advocate for the appellants has contended that in the first place, the Tribunal did not take the scientific multiplier method to arrive at proper compensation and secondly without evidence in the case acting merely on surmises awarded a very low sum of Rs.10,000/-. The learned Advocate for the respondent has tried to support the award.