GIRWAR RAM DEWANGAN Vs. SITARAM YADAV

JUDGEMENT

(1.) THE Appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act') against the award dated 28.1.1994 passed in Claim Case No. 76/91 by second Additional Motor Accident Claims Tribunal, Durg (C.G.) For enhancement of the award amount as only a sum of Rs. 36,000.00 with interest at the rate of 12% per annum form the date of application i.e. 26.10.1990 till realization of the amount, has been awarded to him for the death of his son Santosh Kumar, aged about 19 years.

(2.) THE accident took place on 17.10.1990 at about 12.00 noon when deceased Santosh Kumar was going on a bicycle as a pillion rider and a truck belonging to Respondent No. 2, driven by Respondent No. 1, collided with the cycle resulting in his death. The factum of accident and negligent driving by Respondent No. 1 has been proved by witness Sitaram.

(3.) TRIBUNAL assessed the income of the deceased on the basis of statement A.W. 2 Kishore Kuamr as Rs. 5 to 10 per day and thus, considering the monthly dependency of Rs. 150.00 and annual dependency of Rs. 1800.00, applying the multiple of 20, awarded a sum of Rs. 36,000.00 to the Appellant as compensation. Learned Counsel for the Appellant submits that the dependency taken by the learned Tribunal, on its face, is inadequate and for the purpose of calculating dependency and the multiplier, the guidance as per Second schedule under Section 163-A of the Act can be taken.