(1.) APPELLANTS-claimants have filed this appeal for enhancement of amount of compensation awarded in Claim Case No. 68 of 1998 by the Additional Motor Accidents Claims Tribunal, Raipur on 5/9/1998.
(2.) THE facts, briefly stated, are as under: THE appellants are the parents of the deceased Girish Pal who died in the motor accident on 31/7/1996 when the truck No. MKS 8443, in which he was travelling, dashed against stationary truck No. MP 23-B 0325 and truck No. MP 23-0611 on account of rash and negligent driving of truck No. MKS 8443 by its driver. THE appellants claimed compensation of Rs. 1,00,51,000. THEy pleaded that de- ceased was earning Rs. 30,000 per month out of which he was paying monthly instal- ment of Rs. 17,000 to finance company, Rs. 2,000 to a driver and Rs. 5,000 towards the maintenance of a vehicle which he had purchased on loan and thus the deceased used to spend Rs. 6,000 on his family. Respondent Nos. 1 and 2 (owner and driver) remained ex parte. Respondent No. 3 insurance company while admitting the factum of insurance denied its liability on the ground that the deceased was travelling as a passenger in the said truck, therefore, the insurance company was not liable to pay compensation. THE Tribunal determined that the deceased was earning Rs. 4,000.00 per month. After deducting 50 per cent towards the personal expenses of the deceased, the dependency of parents was worked out to Rs. 2,000 per month and Rs. 24,000 per annum. Tribunal applied multiplier of 3 and amount of compensation was worked out to Rs. 72,000. By adding a further sum of Rs. 15,000 under other heads, the total amount of compensation was worked out to Rs. 87,000.00. THE Tribunal also awarded interest at the rate of 12 per cent per annum from the date of filing of claim petition till its realization. THE Tribunal further held that respondent No. 3 insurance company was liable to pay compensation.
(3.) SO far as income of the deceased is concerned, the claimants have pleaded that the deceased was spending Rs. 6,000 per month on the family. This fact has been proved by Prem Pal (AW 1) in para 8 of his evidence in clear words. He has clearly admitted that the personal expenses of the deceased was included in this amount. Therefore, we set aside the finding of the Tribunal that the deceased was earning Rs. 4,000.00 per month. We accept the contents of pleadings also evidence of AW 1, Prem Pal that the deceased was earning Rs. 6,000.00 per month.