LAWS(CHH)-2011-3-44

ASHOK KUMAR THAKUR Vs. RAMESH KUMAR BHUWAL

Decided On March 09, 2011
ASHOK KUMAR THAKUR Appellant
V/S
RAMESH KUMAR BHUWAL Respondents

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Korba, (for short 'the Tribunal') vide award dated 29.03.2006, passed in Claim Case No.20/2005.

(2.) AS against the compensation of Rs.30,00,000/- claimed by the appellants/ claimants, unfortunate parents and sister of deceased Amit Thakur, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 14.11.2004 on account of the injuries sustained by him in the motor accident on 13.11.2004, the Tribunal awarded a total sum of Rs.5,58,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) THE multiplier of 11 selected by the Tribunal is rather on the higher side in view of the fact that the claimants are parents and sister of the deceased and in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman Iyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the claimants are parents of the deceased, the multiplier should never exceed 10.