LAWS(MPH)-2006-3-75

BRIJWASI LAL MISHRA Vs. RAJENDRA KUMAR SINGH

Decided On March 20, 2006
BRIJWASI LAL MISHRA Appellant
V/S
RAJENDRA KUMAR SINGH Respondents

JUDGEMENT

(1.) WHAT would have been a factum of computation simpliciter has got itself accentuated to a different situation for the reason that there has been a delay of 1427 days in preferring the appeal. We have through it appropriate and seemly to deal with the application for condonation of delay and the merits of the appeal together, so that a just, proper, adequate and necessitous picture is projected. In addition, learned Counsel for the parties also conceded that both the issues be dealt with in a composite manner, so that a complete picture gets exposited with utmost clarity. Thus, we proceed to delineate the facts from both the spectrums.

(2.) THE unfortunate parents alongwith two other sons initiated an action under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act') before the Motor Accident Claims Tribunal, Jabalpur (for short 'the Tribunal') for grant of compensation of Rs. 19 lakhs on the foundation that on 25-8-1997, Surendra Kumar, son of the appellant Nos. 1 and 2 herein, the deceased, met wit a motor accident, sustained injuries and eventually succumbed to the same. It was put forth before the Tribunal that he was aged about 17 years and earning Rs. 3000/- per month and was contributing to the family.

(3.) DESPITE the resistance and refutation by the driver, owner as well as the insurer from many a quarter the Tribunal on the base of material brought on record came to hold that the accident had occurred due to rash and negligent driving of the offending vehicle bearing registration No. UM-RD-1016 (T); that the vehicle was insured with the respondent No. 3, the New India Insurance Co. Ltd. ; that the deceased was earning Rs. 2000/- per month; that the contribution of the deceased to the family was Rs. 12,000/- per year; that the mother, Smt. Premkumari Mishra, was entitled to the compensation in toto; and that the multiplier of 10 would be applicable in the obtaining factual matrix moreso, taking into consideration the age of the mother. As is evincible a sum of Rs. 1,27,000/- was awarded by the Tribunal.