AVANTIBAI Vs. MOHANLAL

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded by the First Addl. Motor Accidents Claims Tribunal, Dhar, in the Claim Case No. 47 of 1991, decided on 28.4.1994.

(2.) Late Mukut Singh, husband of appellant No. 1 and father of appellant Nos. 2 to 5, died in a road accident on 25.12.1987 when the passenger bus No. CIF 1986 ran over Mukut Singh. As a result he died on the spot. At the time of the accident the deceased was working as Food Inspector and was drawing a salary of Rs. 1,284 per month. The Tribunal, after appreciating the evidence came to the conclusion that the accident occurred due to rash and negligent driving of the bus by the driver, which was undisputedly insured with respondent No. 3, New India Assurance Co. Ltd. The Tribunal, after deducting the amount of family pension which the appellant No. 1 is getting, has arrived at a finding that the dependency of the appellant comes to Rs. 6,000 per annum. Applying a multiplier of 14, the Tribunal has determined the amount of compensation at Rs. 84,000.

(3.) Learned counsel appearing for the appellants contended that the Tribunal erred in taking into account the amount of family pension being paid to appellant No. 1 on account of death of her husband while he was in service. It is further contended that the Tribunal determined the annual dependency on a lower side and wrongly applied the multiplier of 14, which looking to the age of the deceased at the time of the accident ought to have been 16, as per the Second Schedule of Motor Vehicles Act. It is also contended that it has been established on record that the deceased had better future promotional prospects and would have earned promotion within the next two years had he not died on account of the motor accident. The next promotional post was of Assistant Food Officer.