CHANDRAPRABHA Vs. UNITED INDIA INSURANCE CO.

JUDGEMENT

(1.) APPELLANT is the owner of the vehicle and has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 6.9.1991 passed in Claim Case No. 13 of 1989 by First Additional Motor Accident Claims Tribunal, Damoh.

(2.) CLAIMANTS have filed cross objections for enhancement of compensation.

(3.) THE appellant contended that the deceased was travelling as owner of the goods, hence in view of the decision of the Full Bench of this Court in Harishanker Tiwari v. Jugru and Ors. 1987 JLJ 712 : I (1988) ACC 206 M.P. On behalf of claimants it is contended that the compensation calculated is inadequate as the deceased was earning Rs. 1,500/- per month who left his widow and two minor children and parents. Therefore, monthly dependency ought to have been assessed after deducting 1/5th of the personal living expenses from Rs. 1,500/-. As the deceased was aged 27 years, the multiplier ought to have been applied of 16, in view of the decision of this Court in State of M.P. and Ors. v. Ashadevi and Ors. 1989 JLJ 541 : II (1988) ACC 337 (DB) M.P. It is also submitted that no amount was deductable towards lump sum payment when the multiplier method is applied. Lastly it was submitted that the Tribunal committed an error in not awarding interest at the rate of 12% per annum. A Full Bench decision of this Court in case of Prakramchand v. Chuttan and Ors. 1991 MPLJ 739 was relied.