SONTIYA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939,for enhancement of the compensation awarded in Claim Case No. 11 of 1983 on 10.1.1985, by Motor Accidents Claims Tribunal, Gwalior.

(2.) THE facts are not disputed. Deceased Gyasiram, aged 35 years at the time of accident, was earning Rs. 600/-per month The learned Tribunal assessed the dependency of seven dependants at the rate of Rs. 300/- per month, while Rs. 300/- was deducted from the monthly earnings of the deceased as the deceased's own expenses. After selecting the multiplier of 15, a compensation of Rs. 54,000/- was determined. But.after deducting 15 per cent towards lump sum payment, the compensation awarded was Rs. 45,900/-which was directed to be paid with interest at the rate of 6 per cent per annum from the date of the award till payment.

(3.) MR . V.K. Sharma, Counsel appearing for the insurer, relying on a short-noted decision of this Court in the case of Madhya Pradesh State Road Transport Corporation v. Sushiladevi 1990 (11) MPWN 6, contended that the compensation under the head of solatium (Sic. consortium) and loss of company amounting to Rs. 7,000/- could not have been awarded, when the multiplier was selected which takes care of all the heads for which compensation is to be calculated.