KUSUMKALI Vs. SHANKH MANI

JUDGEMENT

(1.) This appeal is directed against award dated 1.2.1996 of Motor Accidents Claims Tribunal, Sidhi in Claim Case No. 14 of 1990.

(2.) Shankh Mani is the owner of vehicle No. CAA 4044. It met with accident on 13.8.1989. All the passengers including the driver died in the accident. Claimants are wife and children of the deceased Kamleshwar Prasad Tiwari. They have filed the claim stating that on the said day, Kamleshwar Prasad Tiwari was travelling from Bahri to Mhowganj with Preetu (4). Deceased Kamleshwar Prasad Tiwari was 28 years old at the time of accident working as Electrician Helper getting Rs. 2,500 per month from Dudhichua Colliery, N.C.L., Singrauli, District Sidhi (MP). The family has history of longevity of about 80 years. The deceased used to spend Rs. 500 on himself leaving the rest to the family but the Tribunal has wrongly held that the monthly dependency was Rs. 1,250 and applied multiplier of 9 when evidence on the record justify award of higher amount of compensation by application of proper multiplier. Hence, claim for enhancement of compensation is made.

(3.) The respondent No. 1 admits ownership of the vehicle but pleads vis major for the taking place of accident. Due to heavy rains and lightning, the driver could not see the curve which resulted in the accident. Therefore, he is not responsible for the accident and payment of compensation. In alternative, it is stated that the vehicle was insured with the insurance company, therefore, he is not responsible for payment of compensation. Respondent No. 2 has denied the allegation and the insurance of the vehicle, but later stated that in case it is found responsible, in that event the liability does not exceed Rs. 15,000. It is also stated that the vehicle was being driven without permit and without a valid driving licence, therefore, in violation of the conditions of the insurance policy. All the defences have been rejected by the Tribunal and a compensation of Rs. 1,45,000 for the death of Kamleshwar Prasad Tiwari and Rs. 25,000 for the death of Preetu has been awarded. Claimants seek enhancement of the award to Rs. 8,00,000 by this appeal on the grounds referred in the preceding part of the judgment.