RAMA BANSAL Vs. KUSUM DEVI

JUDGEMENT

(1.) THIS is an appeal for enhancement of award by the appellants filed against the judgment and order dated 26 -2 -1996, passed by the Motor Accident Claims Tribunal, / I Additional District Judge, Nainital, under section 166 of the Motor Vehicles Act, 1988 in Motor Accident Claim Case No. 404 of 1991.

(2.) BRIEF facts giving rise to this appeal are that the deceased Bihari Lal aged 45V, years was employed with Century Pulp and Paper Mill Ghanshyamdham Lalkuan District Nainital, at the time of the accident as Chief Mechanical Engineer and he was earning Rs. 6,845/ - per month as his salary. On the day of accident i.e. 1 -5 -1991 the deceased was coming on his scooter at about 9 a.m. and going towards paper Machine Road, inside the factory premises of Century Pulp and Paper, Lalkuan, District Nainital, the truck No. UP25 -5391 coming from W.P.P. chipper road dashed the deceased rashly and negligently and crushed him. The claimants -appellants are the children and widow of the deceased. The Tribunal applied the multiplier of 12 and awarded compensation of Rs. 5,76,000/ - against the respondent nos. 1 and 2 along with 12% interest per annum from the date of presentation of the claim petition before the tribunal.

(3.) THE learned counsel for the appellants submitted that the learned Motor Accident Claim Tribunal, while coming to a just compensation under section 166 of the Motor Vehicles Act, 1988 took assistance of the schedule provided under section 163 -A, but did not apply the multiplier of '15' as the age of the deceased was between 40 to 45 years.