UNITED INDIA INSURANCE CO LTD Vs. BABULAL

JUDGEMENT

(1.) THIS judgment shall dispose of Misc. Appeal Nos. 152 of 1987 and 175 of 1987. Both these appeals arise out of the judgment and award dated 1.7.1987 of the Motor Accidents Claims Tribunal, Dhar, in Claim Case No. 66 of 1983, whereby the respondent Nos. 1 and 2 (i.e., the father and mother of deceased Dinesh) have been awarded a compensation of Rs. 27,000/ - with interest at the rate of 6 per cent per annum from the date of claim petition, i.e., 12.9.1983 till date of payment, with a further direction that the insurance company, appellant here, shall be jointly and severally liable to make payment along with respondent Nos. 3 and 4.

(2.) THE undisputed facts of the case are that motor bus No. MPB 8755 is owned by respondent No. 3 and respondent No. 4 was working as driver at the time of accident. The accident took place on 21.7.1982. The deceased Dinesh aged about 18 years was travelling in the same bus, who got injured and died on the spot. The matter was reported to the police and a criminal case was registered against the driver. Thereafter, the respondent Nos. 1 and 2 (father and mother of deceased Dinesh) filed a claim petition on 12.9.1983 with the assertion that the deceased had a brilliant career and they wanted to make him engineer. They have been put to loss of the possible benefit from Dinesh and had suffered mental agony because of the death of their son. They claimed Rs. 1,30,000/ - as compensation. After hearing the parties, the learned Claims Tribunal awarded Rs. 27,000/ - as compensation with interest at the rate of 6 per cent per annum in favour of respondent Nos. 1 and 2 with the direction of fixing the liability jointly and severally on driver, owner and the insurance company. Hence this appeal No. 152 of 1987 by the insurance company.

(3.) THE contention of claimants is that the higher multiplier ought to have been used. The possibility of future rise, looking to the brilliant career of the deceased, has not been considered.