Kamlabai and Others vs Smt. Asha Sharma and Others

A.M. Sapre, J.—Claimants are not satisfied with what is awarded to them by the Tribunal. They wanted more and hence are in appeal u/s 173 of M.V. Act. The impugned award is dated 22.9.1994 passed by VI M.A.C.T. Indore, in Claim Case No. 67/1993.

On 11.2.1993 Atma Ram aged 30 years while going on cycle on A.B. Road, Indore, was dashed by Truck bearing No. M.P./14/3237. He died on the spot. This led to filing of claim petition out of which this appeal arises by the appellants (claimants) who are deceased wife, son and daughter. According to claimants, the accident was due to rash and negligent driving of the driver of offending truck. They alleged that deceased was earning about Rs. 2,000/- per month from his service in one Hotel - Gajanan Tea Stall. It was alleged that at the relevant time the truck in question was insured with respondent No. 3. They claimed a sum of Rs. 5 lakh by way of compensation.

The respondents (non-appellants) denied all allegations and contended that they are not liable to pay any compensation. According to them, Atma Ram himself was responsible for the accident.

The Tribunal while holding the truck driver guilty of rash and negligent driving held that claimants are entitled to get a compensation of Rs. 1,50,000/-. It is against this award, the claimants are in appeal for enhancement.

Heard Mr. H.S. Rajpal, learned Counsel for the appellant and Mr. Dandwate, learned Counsel for the respondent finally with consent.

Learned Counsel for the appellant urged that in the facts of this case, a multiplier of 17 should have been applied to determine the compensation. Learned Counsel urged that, in fact, Tribunal erred in not applying the multiplier to the case.

Having heard the learned Counsels for the parties and having perused the record of the case, we are of the view that this appeal deserves to be allowed in part.

In our opinion, taking into account the age of deceased (30) a multiplier of 17 as per schedule should have been applied for determining the compensation. It has come in evidence led by the claimants that the deceased was earning Rs. 2,000/- per month. We accept this evidence led by the claimants as there is nothing to disbelieve the version of claimants who is deceased close relations. This works out to dependency of Rs. 1,350/- per month, after deducting deceased personal expenses. So, yearly dependency works out to Rs. 12,200 x 7 = Rs. 2,75,400/-. In all, thus the claimants are entitled to get a compensation of Rs. 2,75,400/-. It being the most reasonable, adequate and fair compensation based upon the income of deceased, dependency and multiplier provided in schedule appended to the Act as a guideline. For determination of fair compensation. All other findings are upheld.

Accordingly, the appeal is allowed in part, impugned award and the compensation is enhanced to Rs. 2,75,400/-. The enhanced amount alone will carry interest at the rate of 9% from the same date which is mentioned in the award of Tribunal. Let the compensation awarded be deposited in Court by the Insurance Company within four months from the date of this award.

No costs.