NARENDRA KUMAR SHRIVASTAVA Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor I Vehicles Act, 1988 is directed against the Award dated 11th August, 1999 1 of the Additional Member, Motor Accident Claims Tribunal, Bhopal passed in M.C.C. No. 11/99 on the ground of inadequacy of the amount j awarded. The claim arises on account of the death of Shyamlata, wife of claimant No. 1 Narenddra Kumar and Mother of other appellants, who while travelling in jeep bearing registration No. MP -07/H -4227 on 15.6.1998 from Kuravar to Shyampur died as the jeep overturned on account of rash and negligent driving of the driver of the jeep. In the application before the Tribunal, compensation of Rs. 5, 30,000.00 was claimed on the ground that the deceased was a healthy person and was looking after the family and her children and in addition was earning from tuition a sum of Rs. 1,200.00 per month which she was spending on the family.

(2.) THE liability to pay compensation was refuted by the Respondent No. 3 on the ground that the driver of the vehicle did not possess a valid driving licence and the vehicle was being driven in violation of the conditions of the policy of insurance. The Tribunal, on the basis of the evidence adduced by the parties, found that the accident was directly a result of the rash and negligent driving of the vehicle by the non -applicant No. 1 which resulted in death of Shyamlata, held the non -applicants liable for payment of a sum of Rs. 66,000.00 as compensation to the applicants, severally and collectively, with interest @ 12%. Aggrieved by the inadequacy of the compensation, the appellants have filed this appeal.

(3.) LEARNED Member of the Claims Tribunal has determined the compensation on the basis of the services rendered by the deceased on the notional income of Rs. 300/ - per month and taking into account her age, she has applied a multiplier of 15 and awarded a sum of Rs. 54,000.00. Even for the service rendered by the deceased to the house the amount determined appears to be on the lower side. We find that the same should have been assessed at Rs. 400/ - per month and if to this quantification, the multiplier of 15 is applied, the appellants become entitled to Rs. 400x12x15 = Rs. 72,000.00. In addition to this amount of Rs. 72,000.00 the appellant No. 1 shall be entitled to Rs. 4000.00 for loss of consortium and appellants 2 to 4, each, to Rs. 2000/ - for loss of love and affection and Rs. 2000/ - for expenses for last rites. Thus, in all, the appellants shall be entitled to a sum of Rs. 84,000/ -.