Future loss of dependency in motor accident claims must reflect proven earnings and applicable legal principles to ensure just compensation.

JUDGMENT :

B.R. MADHUSUDHAN RAO, J.

1. This Memorandum of Motor Accident Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act, 1988’) assailing the Award passed by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Ranga Reddy District at L.B.Nagar, Hyderabad, in M.O.P.No.74 of 2002 dated 20.02.2006.

2. It is mentioned in the cause title of the appeal that respondent No.1 remained ex parte before the learned Tribunal. Hence, no notice is required.

3.1. Appellants are the petitioners and respondents are the respondents in the O.P.

3.2. Appellant No.1-petitioner No.1 is the wife, appellant Nos.2 to 4-petitioner Nos.2 to 4 are the children, appellant No.5-petitioner No.5 is the mother and appellant No.6-petitioner No.6 is the brother of deceased Narsimha.

4.1. Appellants-petitioners have filed claim petition under Section 166 of the M.V.Act claiming compensation of Rs.8,00,000/- for the death of Narsimha with interest at 12% per annum from the date of filing the petition till the date of realization against respondent Nos.1 and 2 jointly and severally.

4.2. It is stated in the petition that on 08.11.2001, Narsimha started on his scooter bearing number AP10L86 from his native village to go to Secunderabad, when he reached near Annapoorna Grape Garden, Dhoolapally Village, one lorry bearing No.AP28T6230 being driven by its driver in a rash and negligent manner came from Kompally Cross Roads and dashed against the scooter of Narsimha, due to which he fell down on the road and died instantaneously.

4.3. As on the date of accident, deceased Narsimha was aged about 41 years, was working as Safai (Sweeper) in Indian Air Force, Secunderabad, earning Rs.6,500/- per month and contributing the same to his family. On the complaint, PS Quthubullapur Police Station registered a case in Crime No.56 of 2001, under Section 304-A of IPC against the driver of the lorry and prayed to allow the O.P. as prayed for.

5.1. Respondent No.1 remained ex parte before the learned tribunal.

5.2. Respondent No.2 has filed counter and denied the manner in which the accident has taken place and also denied the age, occupation and income of the deceased, also contended that the driver of the crime vehicle do not possess valid driving license as on the date of accident, it was not roadworthy and the claim made by the appellants-petitioners is excessive and prayed to dismiss the O.P.

6. Learned Tribunal has framed the following issues.

i. Whether the accident has occurred on account of rashness and negligence on the part of driver of the crime vehicle lorry bearing No.AP28T6230?

ii. Whether the petitioners are entitled for compensation? If so, to what amount and from which respondent?

iii. To what relief?

7. Appellant No.2 is examined as PW1, also examined PW2-Sri P. Goverdhan Reddy, PW3-B. Moses and got marked Exs.A1 to A6 and Ex.X1. No oral evidence is adduced by the respondent No.2 but got marked Ex.B1-certificate of insurance with schedule.

8. Learned Tribunal after analyzing the evidence adduced by the appellants-petitioners coupled with the documents marked thereon has partly allowed the O.P and awarded compensation of Rs.5,72,000/- with interest at 7.5% per annum from the date of filing the petition till the date of realization holding that respondent Nos.1 and 2 are jointly and severally liable to pay the compensation.

9. Learned counsel for the appellants-petitioners submits that the learned Tribunal has awarded less amount instead of awarding the amount claimed in the O.P and erred in taking the income of deceased as Rs.4,500/- per month instead of taking it as Rs.6,056/- per month as per Ex.X1. Learned Tribunal has not awarded any amount towards consortium and other heads claimed by the appellants-petitioners. Counsel further submits that the amount shown in Ex.X1 has to be taken in toto and in support of his contentions, has