SNEHLATA SHARMA Vs. MOHAMMAD ALI

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 53 of 1989, dated 7.4.92.

(2.) On 26.1.1989, at about 12.50 a.m., deceased was going on his scooter bearing registration No. MIJ 938 when car bearing registration No. MBJ 1862, owned by respondent No. 2 Dr. P.T. Liao and driven by respondent No. 1 Mohammad Ali Mahe, coming at fast speed from the opposite direction at Nagrath Chowk, collided with the scooter. Due to this accident, the victim received serious injuries resulting in his death at Victoria Hospital, Jabalpur. F.I.R. was lodged at Police Station, Omti. The car was insured with respondent No. 3, United India Insurance Co. Ltd. Claimants are widow, daughter and son of the deceased. It is submitted that at the time of accident, deceased was employed as the Assistant Station Master, Jabalpur, in the Central Railways. At the time of accident, he was drawing Rs. 3,000 p.m. Compensation of Rs. 8,00,000 was claimed. However, compensation of Rs. 1,44,000 carrying interest at the rate of 12 per cent per annum has been awarded. Claimants are not satisfied with this award, therefore, it has been assailed through this appeal.

(3.) We have heard learned counsel for parties and perused the record. Mr. Sanjay Agrawal, learned counsel for the appellants, submitted that the award is excessively low and deserves to be enhanced. It is also submitted that low multiplier has been applied and dependency has not been properly assessed. That apart, the award has not been properly disbursed. Mr. H.B. Agrawal, learned counsel for respondent No. 3, United India Insurance Co. Ltd., submits that the award is quite reasonable and justified on the facts of this case and that liability of the insurance company is limited to Rs. 50,000. Mr. A.K. Jain, the learned counsel appearing for respondent No. 2 Dr. P.T. Liao, submits that liability is completely of respondent No. 3, United India Insurance Co. Ltd., therefore, award is liable to be set aside to this extent.