LAXMI BAI Vs. HARBANSH SINGH

JUDGEMENT

(1.) THE Appellants/claimants who are the widow, two minor children and brother of the deceased - Sagar Singh, aged about 34 years are aggrieved by the award dated 28-02-1997 passed by the 6th Additional Motor Accidents Claims Tribunal, Raipur (MP) (hereinafter referred to as "the M.A.C.T.") whereunder compensation of Rs. 2,18,000/- has been awarded to the Appellants/claimants.

(2.) IN this appeal it is not disputed that on 04-12-1994, Sagar Singh, a pedestrian, had met with an accidental death due to collision with Maruti Van bearing Registration No. M.R-23-D/3667 driven by Harbansh Singh-the Respondent No. 1, owned by Kulwant Singh, the Respondent No. 2 and insured by the Respondent No. 3. Liability of the insurer to compensate the Appellants/claimants is also not disputed in this appeal. The M.A.C.T. held that death of Sagar Singh was as a result of rash and negligent driving by the Respondent No. 1. The monthly dependency of the Appellants/claimants was assessed by the M.A.C.T. at Rs. 1,300/- per month is also not under dispute in this appeal.

(3.) SHRI S.C. Verma, learned Counsel for the Appellants/claimants has urged that since the accident had occurred on 04-12-1994 i.e. after coming into force of the second schedule to the Motor Vehicles Act, 1988, multiplier 17 was applicable for the age group 30 to 35 years. Placing reliance on Smt. Jyoti Poddar and Ors. v. Goukaran and Ors. : 2006 (1) CGLJ 142 and Smt. Ishwari Nishad and Ors. v. Mehtab Khan and Ors. 2006 (1) CGLJ 417 it was urged that compensation under conventional heads i.e., loss of consortium, funeral expenses, loss of love and affection and loss of estate ought to have been awarded by the M. A.C.T..