P.S. NARAYANSWAMI Vs. BALKUMRAN

JUDGEMENT

(1.) THIS appeal by the parents of the unfortunate deceased Prakash Swami aged 24 years who died in motor accident, is directed against the award dated 17.3.2003 of the First Additional Motor Accident Claims Tribunal, Dewas in Claim Case No.39/2003 by which the Tribunal has awarded a sum ofRs.7,95,801/ - as compensation against the claim of Rs.58,00,000/

(2.) THE case of the appellants before the Tribunal was that they were totally dependent on the deceased who was an Engineering Graduate employed in Tata Engineering and Locomotive Company Limited and was in receipt of the emoluments of Rs.20,000/ - per month. On 31.12.2000, Prakash Swami along with the friend Balkumran was proceeding on motorcycle bearing Registration No. KA25/L -6346 as a pillion rider from Hubli to Belgaon, near Malprabha River. Balkumran drove the motorcycle rashly and negligently resulting in an accident with the result, deceased Prakash Swami sustained severe injuries. He was rushed to KLE Hospital, Belgaon but he succumbed to the injuries. In the treatment of the deceased, a sum of Rs.1,00,000/ - was spent. The said motorcycle was insured with the respondent No.2.

(3.) THE Tribunal framed four issues and came to the conclusion that the motorcycle bearing Registration No.KA25/L -6346 was driven by the respondent No.1 rashly and negligently which resulted in death of deceased Prakash. In respect of the income, the Tribunal held that the deceased was earning Rs.12,500/ - per month and on that basis the said award of Rs.7,95,801/ - was passed.