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Judgment
K. Sreedhar Rao, J.—Notice to R.I through paper publication held sufficient.
The insurer has taken permission u/s 170 of the M.V. Act.
One Smt. Laxmanma pillion rider of TVS Moped, the second respondent husband is the rider of the Moped, The pillion rider fell down from the vehicle as a result died. The FIR is lodged by the rider. The content of the FIR does not disclose the negligence on the part rider, The police after investigation have filed ''B'' Report, The contents of the ''B'' Report discloses that there were water logged trenches on the road. The rider could not properly judge the road condition while crossing over the trench, on account of jerk the pillion rider fell down. The facts noted in the ''B'' report may not warrant criminal prosecution. But nonetheless, it can not exonerate the tortuous liability. Over confidant and misjudgment of the rider of the TVS moped is the main cause for the accident and it amounts to actionable negligence.
The decision of this court in C.N. Krishna Murthy Vs. P. Shashidhara Murthy and Others, has no application to the facts.
The children of the deceased are the petitioners seeking compensation. The Tribunal has awarded condensation of Rs. 228300/- with interest at 6% from the date of the petition till payment.
The deceased is a housewife. Her income is assessed at Rs. l500/-p.m. As per Unit system Rs. Rs. 600/- to be defrayed towards personal expenses. The total loss of dependency would be 151200(900X12X14 multiplier}, Further the petitioners are entitled to Rs. 10000/- for loss of expectancy and Rs. 3000/- for funeral expenses. In all the petitioners are entitled to a total compensation of Ra.l,64,200/-as against Rs. 238300/-. Accordingly, the appeal is allowed as indicated above.
The amount in deposit to be transferred to the Tribunal for payment. The compensation amount to be distributed equally amongst the petitioners.
The amount in respect of the minors to be kept in the F.D. until they attain majority.