PRAMILABAI Vs. MAHARASHTRA STATE ROAD TRANSPORT

JUDGEMENT

(1.) DISSATISFIED with the grant of claim of only Rs. 30,000/- with interest at 6 per cent per annum granted to the legal heirs of the deceased Vallabhdas Panpalia in a Claim Petition No. 3 of 1981 decided on 10th September 1981 under Section 110-A of the Motor Vehicles Act by the Motor Accidents Claims Tribunal, Amravati, the present appeal has been filed.

(2.) THE Motor Accidents Claims Tribunal, Amravati, held Maharashtra State Road Transport Corporation and the driver Narendra Bharati employed by it, responsible for the death of deceased Vallabhdas on account of rash and negligent driving of a bus, rejecting several defences including that of contributory negligence. A claim of Rs. 1,00,000/- was made. The respondent have not challenged the order passed by the Tribunal either by filing an appeal or cross-objection. The only point thus that falls for determination is whether the appellants are entitled to enhancement of compensation and if yes, to what extent? The following positions emerge from the evidence on record:

(3.) LIFE expectency will have to be calculated minimum at 65 years. Application of multiplier 15 would be reasonable. Thus, the total contribution of the deceased to the dependants could be assessed at Rs. 1,50,000/-. Having regard to the fact that the amount ordered would be received in lump sum, reduction of this amount to 50 per cent would be reasonable and so calculated in our judgment the compensation cannot be less than Rs. 75000/-