RUTHOMMA T Vs. S BALA KOTAIAH

JUDGEMENT

(1.) The claimants are the wife and children of one Obulaiah who died in a motor vehicle accident dated 8-9-1985 due to the rash and negligent driving of the lorry, belonging to the 1st respondent and insured with 3rd respondent. The claimants filed O.P. No. 40/87 on the file of the Motor Accident Claims Tribunal, Ongole claiming a compensation of Rs. 82,000/-. After an enquiry, the Tribunal found that the accident was a result of rash and negligent driving of the vehicle by its driver and awarded a total compensation of Rs.25,000/ with joint and several liability on respondents 1 and 3.

(2.) . The deceased having suffered the injuries succumbed to them on 19-3-1986. His age at the time of the accident is found to be 30 years and the income which was said to be Rs. l,000/-per month both from the profession of piper and poultry farming, was not accepted, but as a whole Rs.25,000/- was awarded as compensation to the claimants. Aggrieved by the award, this appeal is filed.

(3.) Mr. Krishnamurthy, learned Counsel for the appellants claimants has contended that in any manner the income of the deceased is assessed, the loss of contribution to the claimants by the deceased could not be less than Rs. 1,000/- per month providing the multiplicand at Rs. 12,000/- p.a. and with the multiplier of about 14 for the age of the deceased and with the conventional sum of Rs. 7,500/- to Rs. 10,000/- towards loss of expectation of life, Rs.7,500/- to Rs. 10,000/- towards loss of consortium to claimant No. 1, the wife of the deceased, and some reasonable sum towards pain and suffering of the deceased as he died on 19-3-1986 and some amount towards medical and other expenses like funeral, transportation etc., the amount of compensation ought to be far in excess of what is claimed and according to him it will be about Rs. 1,57,000/-.