PUNIYA Vs. KAMAL

JUDGEMENT

(1.) THIS is an appeal by the claimants directed against the award passed by the Member, Motor Accident claims Tribunal, Jhabua on 2-8-1980 in Claim Case No. 17/78 whereby the learned Tribunal has awarded Rs. 4/00/- with interest @ 6 per cent per annum from the date of filing the claim petition till realisation as compensation in respect of the death of Sugani w/o Puniya Bheel-the appsllant-claimant No. 1, as a result of the motor accident which took place on 9-3-1978 due to rash and negligent driving of the offending truck bearing registration No. MPN 5775 which ran-over the deceased Sugani causing her death instantaneously.

(2.) ON a claim petition having been filed by the husband and children of the deceased, the learned Tribunal, on appreciatioa of evidence adduced in the case, came to the conclusion that the accident resulting in death of the deceased Sugani was caused due to rash and negligent driving of the truck by its driver-respondent No. 1 and awarded compensation as aforesaid against the driver and owner of the truck as well as the Insurance Company which had insured the owner in respect of the truck in question during the material period Being aggrieved by the inadequancy of the amount of compensation, the claimants have filed this appeal.

(3.) AS regards the quantum of compensation, the learned Counsel for the appellants has contended that the amount of Rs. 4,600/- awarded as compensation for the death of Sugani is too inadequate. The evidence of the appellant No. 1 Puniya who has been examined as AW-1 shows that Sugani was aged 40 years and she was earning Rs. 5/- per day as a labourer and that she was also helping her husband in agriculture. It is urged that it would be just and fair to assume that the contribution of the deceased towards earning for maintenance of the family apart from her personal maintenance was Rs. 100/- per month instead of Rs. 30/- as estimated by the learned Tribunal. Agreeing with the submission of the learned Counsel, I estimate the loss of annual dependency on account of the death of the deceased to be Rs. 1,200/-. Taking a multiplier of ten years to be reasonable having regard to the age of the deceased who was only 40 years of age at the time of her death by the accident, the total loss of dependency can fairly be estimated as Rs. 12,000/- instead of Rs. 3,600/- as estimated by the learned Tribunal.