MADHYA PRADESH STATE ROAD Vs. AMITA RANI GOSH

JUDGEMENT

(1.) THIS is an appeal filed by Madhya Pradesh State Road Transport Corporation against the award dated 24.11.1992 passed in Claim Case No. 5/90, the Motor Accident Claims Tribunal, Jagdalpur, Bastar.

(2.) FACTS giving rise to this petition are thus; that one Sahdeo, aged about 30 years, husband of respondent No. land father of respondent Nos. 2 to 4 died in motor accident by the stage damage bus No. MIH 4600 of the appellant driven by respondent No. 5, during the course of employment. Respondents for the death of Sahdeo arising out of the use of motor vehicle filed an application under Section 166 of the Motor Vehicles Act, 1988 and claimed compensation of Rs. 5 lacs.

(3.) MR . A.G. Dhande, learned Counsel for the appellants submitted that the finding holding that accident was caused due to rash and negligent driving of the bus are erroneous. The multiplier applied of 18 is on higher side as the deceased was aged 30 years the multiplier applied ought not to have been more than sixteen. A decision in case of G.M.K.S.R.T. Corpn. v. Susamma Thomas and a decision of this Court in State of M.P. v. Ashadevi 1988 MPLJ 346, was pressed into service. It was also submitted that the award of interest at the rate of 12 per cent per annum for delayed payment as the amount of payment under no fault liability is illegal.