H.K. KAMALAMMA Vs. K.T. DHARANENDRAIAH

JUDGEMENT

(1.) THE claimants in O.P. No. 12 of 1980 are the Appellants in this appeal. On 15.8.1979 in an accident that occurred due to collision of a motor cycle on which Sanna Rudranna was proceeding on the road running from Bellary to Bangalore and the lorry MYU 6025 which was proceeding in the opposite direction, Sanna Rudranna died. His legal representatives, the wife and three minor children, filed claim petition O.P. No. 12 of 1980 in the court of the Motor Accidents Claims Tribunal, Anantapur, claiming in all Rs. 1,54,000/ -. The Tribunal on issue Nos. 1 and 2 found that Sanna Rudranna died due to the rash driving by him of his motor cycle and the 2nd Respondent of the lorry MYU 6025 and their contribution is 50 per cent each. The Tribunal rejected the claim in respect of marriage expenses and loss of earning and awarded a sum of Rs. 8,150/ - consisting of Rs. 2,500/ - towards pain and suffering, Rs. 650/ - towards damage to the motor cycle and wrist -watch and Rs. 5,000/ - towards the loss of consortium.

(2.) IT is contended in this appeal that the Tribunal erred (i) in holding that there is contributory negligence to an extent of 50 per cent on the part of Sanna Rudranna and (ii) that since there was no diminution of income the claimants are not entitled to any compensation under the head of 'loss of support'.

(3.) WITH regard to the other question that since there is no diminution in the income from the lands and the business the claimants are not entitled to any compensation, it is contended by the learned Counsel that the reasoning of the Tribunal is incorrect. It was contended that Sanna Rudranna was supervising the agricultural operations and his contribution to the members of the family is by his supervision. The services of supervision and coordination of the labour have to be valued as his death resulted in the loss of those services to the members of the family. In Automobile Transport (Rajasthan) P. Ltd. v. Dewalal : 1977 ACJ 150 (Rajasthan), it was held: