VASUNDHARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall dispose of M.A. No. 404 of 1992 filed by the claimants and M.A. No. 75 of 1993 filed by the State of M.P. through Chief Secretary, Registrar, Sahakari Samitiyan and Dy. Registrar, Sahakari Samitiyan.

(2.) BRIEF history of the case is that on 12.10.1986 at 5.30 p.m., one Prakash Pathak, who was an employee in the State Bank was going from Shankar Bag to Ahilya Ashram on a scooter No. MPI 7656, owned by him. Meanwhile the jeep No. MPZ 4158 came from the opposite direction at an excessive speed and dashed against the scooter. Prakash was thrown off and sustained injuries in the head and leg. He died nearly two hours after the incident. Vasundhara Pathak, who is the widow of Prakash Pathak, Kalpana d/o Prakash Pathak and Kiran s/o Prakash Pathak, filed a claim petition claiming compensation to the tune of Rs. 10,42,000 under the following headings: General damages Rs. 6,71,000/ -Expected amountof gratuity Rs. 66,000/ -Loss of love andaffection Rs. 1,00,000/ -Loss of consortium Rs. 2,00,000/ -Damages towardsscooter Rs. 5,000/ -

(3.) THE claimants -appellants have filed appeal No. 404 of 1992 for enhancement of the compensation amount on the ground that the dependency of claimants has been estimated on the lower side and the future chance of promotion and increase in pay has not been taken into consideration.