MADHUKANTA VYAS Vs. ANTRAM BATHAM

JUDGEMENT

(1.) THIS appeal is filed by claimants for enhancement of compensation. Other findings recorded by the Tribunal pertaining to rash and negligent driving by the driver of MP-07 N 2468 and death of deceased Ramesh Chand Vyas are not under challenge. There is no dispute as to the right of appellant to get the compensation. This appeal is confined to quantum of compensation only.

(2.) NOW we proceed to decide the question of compensation in this case. Deceased Ramesh Chand Vyas died in a accident on 5th November, 1999. After his death claimant has filed an application for compensation before the Second Motor Accident Claims Tribunal, Gwalior. Deceased was Ranger in the department of Forest and at the relevant time was holding the post of Forest Extension Officer, drawing salary of Rs. 9,138/- per month and yearly salary of the deceased was Rs. 1,09,656. Counsel for appellant submitted that according to claimant the age of deceased Ramesh Chand Vyas was 54 years at the time of accident and Claims Tribunal has committed error in applying multiplier of 8. Counsel for appellant further submitted that Claims Tribunal committed error in determining the income of the deceased at Rs. 7,107 and incorrectly determined the dependency of the appellant. It is submitted by Counsel for appellant that after applying proper multiplier of 11, compensation should be determined. It is submitted that the compensation be enhanced with interest and cost of the appeal be awarded to the appellant.

(3.) COUNSEL for owner and driver of the vehicle Mr. Arun Pataria referred to judgment regarding adverse inference against the claimants pertaining to age and referred to judgment in the case of Gopal Krishnaji Ketkar v. Mohammed Haji Latif and Ors. AIR 1968 SC 1413.