SEETHA LAKSHMI KRISHNAN Vs. GIAN PARKASH

JUDGEMENT

(1.) This is an appeal for enhancement of compensation awarded by the Motor Accidents Claims Tribunal in Suit No. 234 of 1970, decided on 20.5.1975. The Tribunal recorded the finding that the deceased was getting Rs. 583.00 per month and on the basis of Rs. 300.00 per month as the dependency of the family the Tribunal worked out the figure of Rs. 86,400.00 towards compensation. The Tribunal took 24 as the multiplier since the deceased was 34 years Id at the time of the accident. The claimants were the widow and three children (the mother was also a claimant, but died during the pendency of the appeal). The claimants have claimed Rs. 2.00 lakhs as compensation.

(2.) There is no cross-appeal filed by responent No. 2, the Union of India, whose jeep No. DLE 4178 was found by the Tribunal to be the offending vehicle causing accident to deceased S. Krishnan, while he was driving his scooter No. DLJ 6476 on 1.4.1970. Therefore, in this appeal the only question that is left for determination is the adequacy of compensation to be paid to the claimants.

(3.) The deceased was working as an investigator in the Office of the Chief Controller of Imports and Exports, Ministry of Foreign Trade of the Government of India. At the time of his death his salary was Rs. 583.00 per month. The claimants have filed C.M. 1374 of 1987 under Order 41, rule 33, Civil Procedure Code, wherein it is claimed that the subsequent events such as the rise in salary and allowances due to the recommendations of the Pay Commission should be taken into account. Notice was issued in this application. The Union of India, respondent No. 2, was served, but did not put in appearance. The application was allowed.