MOHANLAL MISHRA Vs. CHIEF MEDICAL AND HEALTH OFICER

JUDGEMENT

(1.) This order shall govern the disposal of M.A. No. 918/ 2005 and M.A. 1494/2005 as both these appeals arise out of an award dated 7.2.2005 passed by First Motor Accident Claims Tribunal in Claim Case No. 23/2004.

(2.) M.A. No. 918/2005 is at the instance of the Claimants who are dissatisfied with the quantum of compensaion in lieu of death of Praveen Kumar, alias Pintu, aged 16 years who was run over on 7.11.2003 by the Ambulance bearing registration No. MKE-T5961; consequent whereof he succumbed to the injuries received. The ambulance was driven by respondent No. 3. The Claims Tribunal against the claim of Rs.10,52,000/- awarded the compensation of Rs.54,500/- by taking into consideration the notional annual income of Rs.15,000/- deducted 2/3rd and by applying the multiplier of 10 on the age of mother, who was 45 years, held the loss of dependency at Rs.50,000/- and by adding Rs.4500/- towards conventional head awarded the compensation of Rs.54,000/-.

(3.) M.A. 1494/2005 is at the instance of driver who was driving the ambulance when accident took place on 7.11.2003. The grievance is against the finding arrived at by the tribunal that on the fateful day the appellant was not having the valid driving licence, thereby holding him personally liable for the compensation.