DONDAPATI VINODU Vs. B BASWA RAJU

JUDGEMENT

(1.) This appeal raises the question regarding the computation of damages consequent to the death of an agriculturist under Section 110B. Motor Vehicles Act.

(2.) The deceased died in an accident on 27-2-1980 leaving behind him his wife, four children and mother. At the time of his death he was aged 38 years. He was an agriculturist and it is in evidence that he was having 8 acres of land and about ten cattle. Though it is argued that no documentary evidence is filed in this behalf, in view of the absence of any cross-examiantion on this question, I am of the view that the evidence regarding his owning 8 acres of land and ten cattle tntitle is to be accepted. The evidence also is that income from these properties was Rs. 600.00p.m. The total claim in the petition is only for a sum of Rs. 30,000.00 with interest and the lower tribunal had awarded only a sum of Rs. 7,500.00 on the peculiar reasoning, namely, that the death was not a loss to the family pecuniarily, inasmuch as the claimants have received intact, the property left behind by the deceased and that nominal compensation would meet the ends of justice. The case is yet another example where the claimants lawyer has claimed far less than what the claimants are entitled to for lack of proper guidance while drawing up the claim petition. The award made by the tribunal is euqlly unsatisfactory and is yet another example of ad hoc-ism that has entered the decision making process in motor accident claims.

(3.) The question of estimating damages on the death of an agficulturist owning agricultural land and cattle, has engaged the attention of various High Courts in our country from time to time. It is necessary to refer to these cases.