RAMESH Vs. RAJU SHARMA

JUDGEMENT

(1.) The claimants have filed this appeal for enhancement of compensation amount awarded in Claim Case No. 15 of 1997 vide award dated 16.7.1997 passed by III Addl. M.A.C.T., Dhar.

(2.) The case of the claimants was that on 12.8.1996 their son Himmat Singh, aged about 14 years, a student of VIII class, was going on cycle to his school in Dhamnod from Sanjay Nagar. The respondent No. 1 came from opposite direction driving truck No. MP 09/D-5225 belonging to respondent No. 2 and insured with respondent No.3 in a rash and negligent manner and dashed against Himmat Singh, as a result of which he died on the spot. The deceased was also earning member of the family. He used to sit in the grocery shop of his father and earn Rs. 100 per day. The claimants filed claim case seeking compensation of Rs. 8,00,000. The respondent Nos. 1 and2 proceeded ex pane. The respondent No.3 resisted the claim. The Tribunal on appreciation of evidence held that respondent No. 1 drove the truck No. MP 09/D-5225 in a rash and negligent manner and dashed against Himmat Singh, as a result of which he sustained injuries and died. The Tribunal assessed the monthly earnings of the deceased at Rs. 800 and after deducting for personal expenses of the deceased, determined the dependency of the appellants at Rs. 500 per month and Rs. 6,000 yearly and applied multiplier of 15 and awarded Rs. 92,000 as compensation.

(3.) Mr. Chawla, learned counsel for the appellants, submits that the compensation amount awarded by the Tribunal is hopelessly low. He put reliance on the decisions of the Supreme Court in the case of Haji Zainullah Khan v. Nagar Mahapalika, Allahabad, 1994 ACJ 993 (SC) and the case of Shanti Bai v. Charan Singh, 1998 ACJ 848 (SC), wherein compensation of Rs. 1,50,000 was awarded for the death of boys aged about 14 and 18 years respectively. On the other hand, Mr. Swami learned counsel for respondent No. 3, supported the impugned award.