He was getting a salary of Rs.2,500/ per month besides batta daily allowance at the rate of Rs.50/ .
It further found that at the time of death Aslamuddin was aged 20 years.
By the impugned order, the High Court partly allowed the appeal filed by the Insurance Company the respondent herein and reduced the amount of companypensation awarded by the Tribunal under the head loss of earnings from Rs.5,00,000/ to Rs.2,60,000/ .
His monthly earning, thus, came to Rs.4,000/ that is to say Rs.48,000/ per annum.
Applying the multiplier of 16 on the basis of the age of the mother of the deceased being 40 years, the Tribunal came to the figure Rs.32,000 x 16 of Rs.5,12,000/ .
The appeal is directed against the judgment and order dated July 28, 2004, passed by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No.2081 of 2004.
He worked as a Cleaner on the lorry tanker that met with the accident.
His parents, the present appellants filed a claim application O.P. number954 of 1997 before the Motor Accident Claims Tribunal Additional District Judge , Nizamabad claiming Rs.5,00,000/ as companypensation for his death.
The appellants son namely, Aslamuddin died in a motor accident on October 22, 1997.
After deducting 1/3rd towards the personal expenses of the deceased, his net companytribution to the claimants was held to be Rs.32,000/ per annum.
However, since the claimants had only made a claim of Rs.5,00,000/ , it awarded the slightly lesser amount as claimed by the appellants.
Before the Tribunal, the proceedings were held ex parte against the owner of the tanker but the respondent, the insurer of the vehicle appeared and resisted the claim of the appellants.
The Tribunal found that the accident took place due to rash and negligent driving by the driver of the tanker.
It, therefore, took the age of the mother of the deceased for the purpose of assessing companypensation.
Against the judgment and order passed by the Tribunal, the Insurance Company filed an appeal before the High Court, which, as numbericed above, was partly allowed.
Aftab Alam, J. This is the claimants appeal by grant of special leave arising from a motor accident claim case.
