NATIONAL INSURANCE CO LTD Vs. DWARKABAI

JUDGEMENT

(1.) THE insurance company, aggrieved of the award dated 30. 7. 1992 passed in Claim Case No. 18 of 1989 by the Additional Motor Accidents Claims Tribunal, Multai, district Betul, has filed this appeal.

(2.) IN a motor accident which occurred on 21. 5. 1989, Baburao, the husband of respondent No. 1 and son Anil died. Respondent No. 1 filed two separate applications to claim compensation (i) for the death of Baburao (Claim Case No. 17 of 1989) and for the death of Anil (Claim Case No. 18 of 1989 ). Both the cases were decided by the common award passed on 30. 7. 1992. The insurance company filed Misc. Appeal No. 479 of 1993 against the award passed in Claim Case No. 17 of 1989 which was later on withdrawn. However, the present appeal is not withdrawn as, according to the appellant, the compensation awarded for the death of Anil, is excessive as the deceased aged 25 years was a student and was a non-earning member.

(3.) THE Tribunal on the evidence of Dwarkabai, AW 1, found that the deceased was earning Rs. 2,000/- p. m. , assessed the dependency at Rs. 500/- p. m. and applying the multiplier of 35, passed the award of Rs. 2,10,000/ -. It was submitted that when the deceased Anil was a student, the story of his earning is false.