THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

M.A.C.M.A.No.2170 of 2008

JUDGMENT:

This appeal is filed against the Order dated 29.10.2007

in O.P.No.290 of 2006 passed by the Motor Accidents Claims

Tribunal (District Judge), at Nizamabad.

2. The respondents/claimants filed O.P.No.290 of 2006, claiming compensation of Rs.6,00,000/- for the death of the deceased, Jatroth Yamini in the road traffic accident occurred

on 21.03.2006.

3. The Trial Court considering the oral and documentary evidence granted Rs.4,28,000/- with interest @ 7.5% per

annum from the date of petition to till the date of deposit.

4. The learned Counsel for the appellants contended that the trial Court erred in giving a finding that the accident has occurred due to the rash and negligent driving of the driver of the RTC bus. The trial Court ought to have at least fixed the liability at the ratio of 50:50 and it is a case of head on collusion. The trial Court erred in applying multiplier of ’17’ and ought to have applied the multiplier ‘14’ as per judgment

in Bhagwan Dass Vs.Mohd, Arif reported in 1987(2) A.L.T page 137.

5. Claimants deposed that the deceased was doing agriculture and vegetable business and was earning Rs.10,000/-