KANTABAI Vs. MOHANLAL

JUDGEMENT

(1.) THIS appeal is directed by the claimants against the award dated 26.10.1994 passed by the I Additional member MACT, Alirajpur in Claim Case No. 80/94 for enhancement of compensation.

(2.) CLAIMANTS Appellants' case is that on 24.10.1995 deceased Indersingh, husband of Appellant No.1. father of Appellants Nos. 2 to 4 and son of appellant No. 5, alongwith his son Sanjay, was coming to his house as pedestrian from Petrol Pump, when they were crossing the bridge, the Respondent No. 1. came from behind driving the bus bearing registration No. C.Y.F. 230, belonging to Respondent M.P. State Road Transport Corporation (for short 'the Corporation') in rash and negligent manner and hit Inder Singh as a result of which he sustained injuries and died. The deceased was teacher and was to be promoted as Head Master and was receiving salary of Rs.3455/ per month. Claimants filed claim case seeking compensation of Rs.5 Lacs. The respondents contested the claim and pleaded that the deceased was coming on his cycle and due to his negligence the cycle hit the bus. It was also pleaded that the Appellant No. 1 received ex gratia. GPF amount and was also receiving family pension, this amount be deducted from compensation amount. The Tribunal alter appreciation of evidence held that the accident occurred due to rash and negligent driving of the bus, fixed dependency of each appellants seperately and worked out Rs.81.600/ and granted Rs.15,000/ for loss of consortium to Appellant No. 1 and in all awarded compensation of Rs.96,600/ . The appellants being aggrieved by the compensation amount awarded by the Tribunal have filed this appeal for enhancement of compensation amount.

(3.) WE considered arguments advanced by L/c for both sides and perused the record. The argument that GPF and family pension amount be taken into consideration in determining the dependency is not acceptable, as held by this Court in case of Kashmiran Mathur v. Rajendra Singh [1983 JLJ 113 = 1983 ACJ 152 (M.P.)