KHASHTI DEVI Vs. AMAR NATH

JUDGEMENT

(1.) IN this appeal by the claimant seeking enhancement of compensation, there is no serious factual dispute. On 10.11.1977, at about 4.15 p.m., a moving truck No. MPI 4035 had knocked down an oncoming cycle on Agra -Bombay Road near village Barodi, Police Station Kotwali Shivpuri. One Kuldeep Kumar, PW 2, was riding that cycle and deceased Arvind Kumar was sitting double on it. Both persons on the cycle were thrown on the road, but deceased Arvind Kumar in addition was run over by the truck, resulting in his death. The truck was being driven by Babu Khan, respondent No. 2 and was owned by Amar -nath, respondent No. 1 and insured with New India Assurance Co. Ltd., respondent No. 3. Both persons on the cycle were constables receiving training in Indo -Tibetan Border Police Centre (I.T.B.P. Centre), Shivpuri. The deceased was unmarried, aged about 27 years. Claimant -appellant, Khashti Devi, is the deceased's mother.

(2.) THE question for consideration is whether the compensation awarded was excessively low to require interference in this appeal. The Claims Tribunal held that the deceased was getting Rs. 360/ - p.m. and was sending about Rs. 100/ - p.m. to his mother, the claimant. Claimant -appellant, Khashti Devi, was receiving Rs. 50/ - p.m. as family pension after the death of the deceased. So the monthly loss of dependency, argued the Tribunal, was Rs. 50/ -p.m. or Rs. 600/ - p.a. Claimant, Khashti Devi, is aged 51 years. Choosing the multiplier of 10, the Claims Tribunal multiplying the annual dependency of Rs. 600/ - arrived at the figure of Rs. 6,000/ - as the total loss on account of dependency. The Tribunal accordingly gave an award of Rs. 6,000/ - to the claimant with interest at the rate of 6 per cent per annum from the date of claim petition till realisation.

(3.) THE rate of interest awarded was also excessively low. It should have been awarded at the minimum rate of 12 per cent per annum.