The Tribunal awarded a companysolidated amount for loss of love and affection by the children, loss of income and loss of companysortium by the wife at pic19,55,000/ .
539 of 1994 companytending that the accident occurred solely because of the rash and negligent driving of the bus of the respondent Corporation.
The legal representatives of the deceased viz, his wife and two minor children filed C.O.P. No.
The Tribunal, after companysidering the material evidence on record of P.W.1 and P.W. 2 and R.W.1 and the ten exhibits filed on behalf of the appellant claimants, found that the accident has occurred only due to rash and negligent driving of the driver of the bus of the respondent Corporation.
The Tribunal further awarded interest 12 per annum on the said amount.
Accordingly, the High Court held that the unsubstantiated oral evidence alone of P.W.1 cannot be taken into companysideration in the light of Exhs.
Therefore, the companypensation determined under the head of loss of income under the head of loss of income of the deceased was determined by the High Court at pic4,86,000/ .
Appeal No.
The appellants claimants claimed an amount of pic20 lakhs companypensation for the death caused by the respondent.
Further, according to the High Court, the Tribunal erred in determining the multiplier of 18 instead of 13 companysidering the age of the deceased which was 46 at the time of the accident.
Therefore, the learned judge, holding the monthly income at pic15,000/ and adopting the multiplier of 18, determined a sum of pic32,40,000/ as companypensation.
The High Court reduced the companypensation under the head of loss of love and affection by the minor children at pic20,000/ each.
The interest rate was also reduced to 9 per annum by the High Court from 12 awarded by the Tribunal.
Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether the appellants are entitled for the relief as prayed in this appeal.
A.8, A.9 and A.10.
The monthly income of the deceased is therefore taken as pic3,115/ per month for companyputation of the multiplicand on the basis of net average income of the deceased calculated as per the income tax return produced as evidence on record.
Further, the High Court has reduced companypensation under the head of funeral expenses from pic25,000/ to pic10,000/ .
However, he restricted the sum of companypensation to pic20,90,000/ , since that was the amount claimed by the appellants claimants.
1487 of 1999, urging various facts and legal companytentions in justification of their claim.
Aggrieved by the Award of the Tribunal, the respondent Corporation filed an appeal challenging the Order of the Tribunal.
The deceased, while going on his motorcycle from Vellore to Kannamangalam, companylided with the bus of the respondent Corporation as a result of which he sustained fatal injuries and died on the spot.
GOPALA GOWDA, J. This appeal is filed by the appellants questioning the companyrectness of the judgment and final Order dated 30.01.2002 passed by the High Court of Judicature at Madras in Civil Misc.
If the driver of the bus had driven the bus with carefulness, there might have been numberpossibility of dragging the deceased along with the motorcycle for a distant of 120 feet.
