ADAGARI ARUNA Vs. KAMMAMPATI ALIAS KHAMBHAMPATI PARAMESWARA RAO

JUDGEMENT

(1.) This appeal is filed by the widow, children and mother of late Venkatram Narsaiah who died in a motor accident on 3-9-1993 at 12 Noon at the bus-stand of Husnabad. Late Venkatram Narsaiah who was working as a Hindi Pandit in Baswapur High School was knocked down by an oil tanker bearing No. AHV 9189, coming from Warangal side, while he was walking, due to which the deceased died instantaneously. P.W.2, the Sarpanch of the village who saw the occurrence gave the F.I.R. P. W. 1, the widow of the deceased deposed that on hearing the news, she went and saw the dead body of her husband. P.W.2 has clearly slated that the Tanker was driven by the first respondent. Ex.A-5 is the F.I.R Ex.A-1 is the inquest report while Ex.A-2 is the post-mortem certificate. Ex.A-8 is the certified copy of the judgment in C.C.No.253 of 1994 wherein, the first respondent was convicted.

(2.) Having regard to the evidence of P.W.2 coupled with Exs.A-1, A-2, A-5 and A-8, the lower Court rightly, in our view, held that the deceased died on account of the rash and negligent driving of the first respondent The Tribunal accepting Ex.A-3, the salary certificate of the deceased, found that the deceased was getting a salary of Rs.2,860.00per month. The Tribunal found that the loss of dependency of the appellants is 50% of the said amount and accordingly awarded a sum of Rs. 2,59,8007- in all. Dissatisfied with the said award, the claimants filed this appeal.

(3.) Sri Girikrishna, learned Counsel for the appellants submits that the Tribunal should have accepted Ex.A-6, the Pay Revision Certificate issued by P.W.3, the Headmaster of the School and accordingly fix the loss of dependency. It is also the submission that the lower Court erroneously fixed the dependency at 50% of his salary instead of taking 2/3rd of the salary which would ordinarily be spent by the deceased on his wife and other family members.