BHIRKI Vs. SARDAR JASPAL SINGH

JUDGEMENT

(1.) THIS is Claimants appeal for enhancement of compensation in the case of a death arising out motor accident.

(2.) IT is not in dispute that on 28-7-90 truck bearing registration number C.I.U. 8153 was driven rashly and negligently and it hit Jhitra near village Deozire, District Jhabua with the result that Jhitra suffered injuries which proved fatal.

(3.) THE Tribunal held that Jhitra earned Rs. 600/- per month as a labourer, that dependency was Rs. 350/- due to loss of wages for six months together with Rs. 1680/- due to loss of argiculture making a total loss of earning of Rs. 3780/- per year. The age of Jhitra was held to be 30 years and, therefore, a multiplier of 15 was applied in view of the decision in State of M.P. v. Ashadevi 1988 M.P.L.J. 346. Rs. 5000/- were grantd on account of loss of consortium and Rs. 1000/- were granted for loss of bicycle. Thus a total award of Rs. 62,700/- was made in favour of the appellants with a direction that 2.5 % of the amount would go to the widow, 30% to the two minor daughters each and 15% to the old mother. The award was directed to carry interest at the rate of 12% per annum from the date of petition i.e. 3.8.90.