MUNNIBI Vs. RAMESHCHANDRA

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Indore in Claim Case No. 61/99, dated 8-10-1999.

(2.) CLAIMANTS are wife, father and three children of the deceased Ibrahim, who died in the motor accident which took place on 31-5-1996 at 6. 30 p. m. between Kalarai and Maachal villages (Indore) when the truck by which he was travelling was hit by offending truck No. MPU 6624. Allegation is that accident took place due to rash and negligent driving of the offending truck otherwise it would not have taken place. The defence of the Insurance Company is that the deceased was an unauthorised passenger in the vehicle and he was not a driver. This defence has been rejected by the Claims Tribunal. It is also found that accident was the result of rash and negligent driving of the offending truck by its driver. Consequently, compensation of Rs. 1,25,200/- has been awarded with interest at the rate of 12 percent from the date of application. This award has been challenged through this appeal.

(3.) TWO submissions are raised by learned counsel for the appellant. First is with respect to the determination of dependency and the second the proper multiplier. Shri Rajpal contends that Claims Tribunal has not assessed the income of deceased properly with the result that dependency has not been properly worked out. The multiplier has not been property used, therefore, just compensation has not been awarded. With respect to income of deceased, Smt. Munnibi has stated that the deceased was earning Rs. 2,000/- per month, out of which he used to give Rs. 1,000/- to the family. Shri Goyal appearing for the Insurance Company contends that the deceased was working in a sawmill, therefore, his income at the rate of Rs. 40/- per day has been correctly assessed by the Tribunal. In support of Smt. Munnibi, driver of the truck has stated that the deceased used to earn Rs. 2,000/- per month.