UGAM BAI Vs. RAVI SHANKER YADAV

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') for enhancement of the compensation awarded vide award dated 25. 7. 1991, passed in Claim Case No. 116 of 1990 by the Motor Accidents Claims Tribunal, Seoni.

(2.) APPELLANT Nos. 1 and 2 are parents and appellant No. 3 is the brother of the deceased Dilip Kumar, aged 2. 2 years, who died in motor accident on 23. 7. 1988, when he was driving his taxi Maruti Deluxe car on the National Highway, which was dashed by truck No. CIK 8555, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. Tribunal held that the accident was caused due to negligence of the truck driver and awarded compensation of Rs. 1,00,800 after applying the multiplier of 12 into the multiplicand of Rs. 700 per month, yearly Rs. 8,400. Interest at the rate of 12 per cent per annum from the date of application, that is, 20. 1. 1989 was awarded till realisation.

(3.) THE respondent No. 3, the insurer, has suffered the award.