SARASWATI KUSHWAHA Vs. BADRI SINGH

JUDGEMENT

(1.) M.A.Nos.4384/09, 4385/09, 4387/09, 4388/09 filed by the appellants and also M.A.Nos.1292/10, 1294/10, 1296/10, 1302/10 and 1303/10 filed by respondent No.3 as in all the appeals parties are one and the same except the claimants and also the award is dated 23.7.2009 passed by MACT, Rewa, whereby various claim petitions filed by the claimants were allowed and compensation was awarded.

(2.) Short facts of the case are that appellants filed a claim petition alleging that on 22.5.2006 deceased Ravendra Kushwah, Ramnaresh Kushwah, Ku.Krishna Kushwah, Ashish Kushwah and Dayaram Kushwah were travelling in the offending Marshal Jeep, which was owned by respondent No.1, driven by respondent No.2 rashly and negligently and insured with respondent No.3. It was alleged that because of rash and negligent driving in all five persons, out of which three were minor, passed away. It was prayed that claim petitions be allowed and compensation be awarded. The claim petitions were contested by respondent No.3 on various grounds including on the ground that respondent No.3 was not liable for payment of compensation. It was alleged that offending vehicle was a private vehicle and could not be used for hire and reward. It was alleged.that the accident occurred because of falling of the bridge and the Jeep fell down in the river. It was alleged that because of negligence on the part of the Government accident took place for which appellants were already compensated by the State Government. It was prayed that claim petitions be dismissed. After framing of issues and recording of evidence learned Tribunal allowed the claim petitions and awarded the compensation against which appellants and respondent No.3 has filed the appeals.

(3.) Learned counsel for appellants argued at length and submits that out of the five, three were minor namely Krishna, Ashish and Ravendra aged 10, 8 and 12 years respectively. It is submitted that in all the three cases learned Tribunal assessed the compensation to the tune of Rs. 1,80,000/- and deducted Rs. 1,00,000/- on account of ex-gratia paid to the appellants by the Government. It is submitted that amount awarded is on lower side. Similarly the deduction of the amount paid to the appellants under ex-gratia is illegal. Learned counsel further submits that in other two cases deceased were Ramnaresh & Dayaram and learned Tribunal assessed the income @ Rs...3,000/- per month and after deducting l/3rd towards personal expenses applied the multiplier of 16 and 13 respectively. It is submitted that income assessed is on lower side and deduction towards personal expenses is on higher side and application of multiplier is on lower side. It is submitted that appeals be allowed and the amount of compensation be enhanced.