PRAMOD KUMAR AGRAWAL Vs. SANDEEP KUMAR

JUDGEMENT

(1.) FOR the death of one Krishna Kumar Mishra, aged about 45 years, arising out of the use of truck No. MBA 4266 owned by Pramod Kumar, driven by Gangaram and insured by the Oriental Insurance Company, occurred on 31. 12. 1986, the legal representatives of the deceased, that is, widow Chandra Rani Mishra and 3 sons, filed an application for compensation and claimed Rs. 3,12,000/- with interest at the rate of 12 per cent per annum from the date of the application. It was averred that the deceased was employed in Government service in Education Department and was drawing Rs. 1,900/- per month who died in motor accident due to rash and negligent driving of the truck. The owner, driver and insurer contested the claim. The insurance company also submitted that its liability was limited up to Rs. 1,50,000/ -. The Tribunal after appreciation of the evidence adduced by the parties, held that the accident was caused due to rash and negligent driving of the truck. For award of compensation, the Tribunal estimated the monthly dependency at Rs. 1,240/-, yearly Rs. 14,880/-, applying the multiplier of 14, calculated the compensation to the tune of Rs. 2,08,320 wherein an amount of Rs. 10,000/- was also awarded under the head of consortium; from total amount a deduction of Rs. 15,000/- paid under Section 92-A of the Act was made. Thus a total amount of compensation of Rs. 2,03,320/- was ordered to be paid with interest at the rate of 12 per cent per annum from the date of the application, 11. 4. 1987, till deposit.

(2.) AGGRIEVED of the award dated 20. 4. 1989 passed in Claim Case No. 8 of 1987 by Motor Accidents Claims Tribunal, Shahdol, the insurer and owner have filed these two separate appeals.

(3.) MR. S. K. Rao, learned Counsel for the insurer submitted that the liability of the insurer is statutory and is limited to Rs. 1,50,000/ -.