BADRI PRASAD Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal under Section 110-D, Motor Vehicles Act, 1939, preferred by the claimants praying for enhancement in the quantum of compensation awarded by the Tribunal.

(2.) THE facts not in dispute at the stage of this appeal are that late Kishan, the son of the claimant appellants, expired on 22. 11. 1984 in an accident caused by motor vehicle truck No. MBW 7473 driven by the respondent No. 1 owned by the respondent No. 2 and insured with the respondent No. 3 at the material time. The cause of the accident has been found by the Tribunal to be the negligent driving of respondent No. 1 and rightly so because in the face of the direct testimony of the eye-witnesses who had seen the accident occurring, the driver respondent No. 1 did not even choose to appear in the witness-box.

(3.) THE Tribunal upon an appreciation of evidence has held that the deceased was a labourer earning around Rs. 10/- a day, i. e. , Rs. 300/- per month out of which he used to spend fifty per cent of the amount on himself. Thus, the parents were depending to the extent of Rs. 150/- per month on their son. The Tribunal adopted a multiplier of 15, having fixed the age of the deceased around 17 years at the time of the death and then making a deduction of 10 per cent for uncertainties of life fixed up the quantum of compensation at Rs. 25. 000/- by squaring up the ultimate figure. The quantum is in dispute in the appeal.