SUNDAR BAI Vs. DILHARAN PRASAD

JUDGEMENT

(1.) THE appellants have filed this appeal for enhancement of compensation awarded vide award dated 5. 3. 1987, in Claim Case No. 40 of 1982, passed by the Motor Accidents Claims Tribunal, Bilaspur.

(2.) APPELLANT No. 1 is the mother and appellant Nos. 2 to 6 are brothers and sisters of deceased Naresh Kumar who died in motor accident on 20. 3. 1982 while he was going on a motor cycle which was dashed by truck No. MPS 6001 driven by respondent No. 1, owned by respondent No. 2 and insured by respondent Nos. 3 and 4. The deceased was aged 24 years and was employed as Sub-Engineer in the Irrigation Department, Hasdev Canal Project No. 2 and was drawing Rs. 960/- per month. On the evidence adduced by the parties the Tribunal found that because of the sole rash and negligent driving by respondent No. 1 the accident occurred. As to compensation the Tribunal observed that after deductions of the contributions of provident fund etc. the deceased was getting Rs. 600/- per month cash in hand. As the deceased was working at Akaltara he must be contributing to the family only a sum of Rs. 150/- per month, yearly Rs. 1,800/- wherein a multiplier of 20 was applied, the compensation was calculated at Rs. 36. 000/-, on that interest at the rate of 12 per cent per annum from the date of application till payment was further ordered to be paid.

(3.) MR. Atul Awasthy, learned Counsel for the appellants submitted that the contribution to the family kitty estimated is on a lower side. The deceased was in a settled job and was having prospects of advancement in life and career which ought to have been sounded in terms of money to augment the multiplicand. He was the only earning member who was maintaining six members of the family. Even if the net income of the deceased is considered to be Rs. 600/- per month the contribution to the family would not be less than Rs. 400 per month, yearly Rs. 4,800/-, applying the multiplier of 20 the compensation of Rs. 96,000/- ought to have been awarded.