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1996 Supreme(AP) 921

B.K.SOMASEKHARA
Thulluri Ruthomma – Appellant
Versus
S. Bala Kotaiah – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE claimants are the wife and children of one Obulaiah who died in a motor vehicle accident dated 8-9-1985 due to the rash and negligent driving of the lorry, belonging to the 1st respondent and insured with 3rd respondent. The claimants filed O. P. No. 40/87 on the file of the Motor Accident Claims tribunal, Ongole claiming a compensation of Rs. 82,000/ -. After an enquiry, the Tribunal found that the accident was a result of rash and negligent driving of the vehicle by its driver and awarded a total compensation of rs. 25,000/ with joint and several liability on respondents 1 and 3.

( 2 ) ). The deceased having suffered the injuries succumbed to them on 19-3-1986. His age at the time of the accident is found to be 30 years and the income which was said to be Rs. l,000/-per month both from the profession of piper and poultry farming, was not accepted, but as a whole rs. 25,000/- was awarded as compensation to the claimants. Aggrieved by the award, this appeal is filed.

( 3 ) MR. Krishnamurthy, learned Counsel for the appellants claimants has contended that in any manner the income of the deceased is assessed, the loss of contribution to the claimants by





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