BIBIYANA KHALKO Vs. ASSTT. NARCOTICS COMMISSIONER

JUDGEMENT

(1.) THIS appeal is directed by the claimants against the award dated 22.1.1997 passed by M.A.C.T. Mandsaur in Claim Case No. 62/96 for enhancement of compensation.

(2.) THE appellants -claimants' case, in brief, was that on 6.8.1994 Silvastar Khalko, Sub -Inspector, Narcotic Department, husband of Appellant No. 1 and father of the Appellants Nos. 2 to 4, was travelling in Maruti Jipsi, bearing registration No. M.P.07 E -192, belonging to the Respondents Nos. 1 and 2 and driven by the Respondent No. 3. The Respondent No. 3 drove this vehicle in rash and negligent manner as a result of which it turned turtle wherein Silvastar Khalko sustained injuries and died. The appellants claimed compensation of Rs. 21,70,000/ -. The respondents resisted the claim. The learned Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the jeep by the Respondent No. 3 as a result of which it turned turtle which resulted in the death of the deceased. The learned Tribunal held that the deceased was receiving salary of Rs. 3,000/ - per month and held the dependency of the Appellants at Rs. 2,000/ - per month and Rs. 24,000/ - yearly. But on the ground, that the appellants were being given family pension the Tribunal determined the dependency at Rs. 10,000/ - yearly and applied multiplier of 14 and awarded compensation of Rs. 1,52,000/ -.

(3.) WE considered the arguments advanced by L/c for both sides and perused the record. It has not been disputed that the accident occurred due to rash and negligent driving of the jeep by the Respondent No. 3 and the deceased sustained injuries and died. Bibiyana Khalko (AW 2), the widow of the deceased, deposed that her husband was receiving Rs. 3,500/ - per month as salary. Madanlal Verma (NAW 1), the Officer Superintendent, Narcotic Department, stated that monthly salary of the deceased was Rs. 3,609/ - and after deductions he was getting Rs. 1,593/ - p.m.