ORIENTAL INSURANCE CO LTD Vs. SURAIYA HAJI

JUDGEMENT

(1.) Through this appeal, award of Motor Accidents Claims Tribunal, Khandwa, in Claim Case No. 54 of 1991, dated 8.4.1994, is challenged by the appellant on two grounds, namely, compensation is excessive and higher multiplier is used for assessment thereof, while through cross-objection enhancement of compensation is sought.

(2.) Briefly, it may be stated that the accident took place on 1.4.1991 when Itrat Hussain (deceased) was going on his motor cycle No. MP 12-4312 from Khandwa to Ghatakhedi. Jeep No. MP 09-4847, driven rashly and negligently by Manish Kumar, owned by Bhopal Motors Private Ltd., insured with Oriental Insurance Co. Ltd., hit the motor cycle resulting in instantaneous death of Itrat Hussain. The deceased was Manager in Azad Poultry Farm, Khandwa, earning a salary of Rs. 2,000 per month. Compensation of Rs. 11,05,000 is claimed.

(3.) Respondents have denied the allegations. However, the Claims Tribunal holds that the accident took place as alleged and the deceased died in this accident. Consequently, compensation of Rs. 2,40,000 is awarded with interest at the rate of 12 per cent per annum.