SAMSUN BEE Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) The claimant-appellants challenges judgment and order dtd. 13/10/2023 passed in Misc. Appeal No. 663 of 2018 by the High Court of Madhya Pradesh at Jabalpur, for want of adequate compensation as granted by the Tribunal[First, Additional Motor Accident Claims Tribunal, Lakhnadaun, District- Seoni (M.P.)] vide order dtd. 21/12/2017 in Motor Accident Claim Case No. 82 of 2016 and enhanced by the High Court. However, on a perusal of the case record we find another issue to be requiring consideration i.e., the application of appropriate multiplier as per Sarla Verma v. DTC,(2009) 6 SCC 121. and the kind of proof required to be furnished in order to establish the age of the claimant.

(3.) A claim petition under sec. 166 of Motor Vehicle Act, 1988, came to be filed claimant-appellants herein before the Tribunal seeking compensation of Rs.62,50,000.00, stating that on 7/9/2016, the deceased, namely, Shafi alias Safiq Khan, aged 45 years, was travelling on his motorcycle and upon reaching near village Deori Khurd, Mandla-Lakhnadaun road, where bus bearing registration no. MP-41P-0791[Hereinafter referred to as "Offending Vehicle".], driven by Respondent No. 2, in a rash and negligent manner, hit the motorcycle driven by the deceased, from behind. The deceased succumbed to the injuries caused due to the accident and passed away. They submitted therein that the deceased was the sole breadwinner of the family, working as a carpenter earning sum of Rs.500.00 per day.