OMWATI SHARMA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE appellants-claimants have filed Misc. Appeal No. 825 of 1995 for enhancement of the compensation awarded vide award dated 29. 4. 1995 in Claim Case No. 56 of 1991, passed by the Additional Motor Accidents Claims Tribunal, Satna. Misc. Appeal No. 714 of 1995 has been filed by the insurance company aggrieved of the said award.

(2.) FACTS giving rise to this appeal are thus: One Moolchand Sharma aged about 53 years who was employed in the Public Works Department of the State of Madhya Pradesh while going on scooter was hit by tanker bearing No. MIA 9581 driven by respondent No. 2, owned by respondent No. 1 and insured by respondent No. 3 in M. A. No. 825 of 1995, as a result of which he died instantaneously. The claimants are the widow of the deceased aged 48 years, 4 daughters aged 29 years, 27 years, 21 years and 19 years; and 4 sons aged 31 years, 25 years, 23 years and one Deepak Kumar. Out of the sons Pramod Kumar aged 31 is married while two daughters Nirmala and Pramila aged 29 and 27 years are also married, claimed compensation to the tune of Rs. 23,51,000/- for the death of Moolchand Sharma.

(3.) RESPONDENTS contested the claim. The Tribunal on the evidence adduced by the parties recorded a categorical finding that the accident occurred due to the rash and negligent driving of the driver of the tanker. At the time of his death, deceased was getting Rs. 4,000/- (Sic. per month. Dependency was fixed at Rs. 2,000/-) per month, yearly Rs. 24,000/ -. The Tribunal applied the multiplier of 4 to the multiplicand of Rs. 24,000/- and determined the compensation of Rs. 96,000/- and in the head of consortium and loss of company a. n amount of Rs. 67,000/was fixed. Thus the Tribunal awarded the compensation of Rs. 1,63,000/- with interest at the rate of 12 per cent per annum from the date of application. Aggrieved of this award the claimants have come up in appeal for enhancement of the compensation while the insurance company has challenged the award. The owner and driver have not filed any appeal.