SHYAMABAI Vs. LAXMAN

JUDGEMENT

(1.) THIS appeal is by claimants for enhancement of compensation awarded in Motor Accident Claim Case No. 140 of 1993, vide award dated 27. 11. 1995, passed by the II Additional Motor Accidents Claims Tribunal, Mud-wara, Katni, Jabalpur.

(2.) THE circumstances in which the accident occurred on 24. 5. 1985 by truck No. MBJ 3791, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3, which caused the death of Santosh, the husband of appellant No. 1 and father of appellant Nos. 2 to 4. The finding of the Tribunal that the accident was caused due to negligence of the truck driver is not under challenge. On the other hand, the respondent No. 3 as an insurer has suffered the award by deposit of the compensation determined.

(3.) THE Tribunal, for determining the compensation, has taken into consideration the monthly earning of the deceased at Rs. 400, and after deducting Rs. 100 per month for the expenses of the deceased, estimated the dependency at Rs. 300 per month, yearly Rs. 3,600, to which applying a multiplier of 15, the amount was worked out to Rs. 54,000. To that, Rs. 1,000 was added towards funeral expenses. Thus a total amount of Rs. 55,000 was awarded with interest thereon at the rate of 12 per cent per annum, till realisation.