ANGOORI DEVI Vs. MAN SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the legal heirs of deceased Satish Chandra Jain, who died in a motor accident on 31. 1. 1992, for enhancement of the amount of compensation awarded by 5th Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 12 of 1992 on 30. 4. 1996.

(2.) THE admitted facts are that on 31. 1. 1992, jeep No. MP 07 M 3741 was being driven by Satish Chandra Jain. In this jeep, besides Satish Chandra, Parmal Singh, Padam Singh and Tulsi Ram were also sitting. It was coming from Morena to Gwalior. While the jeep was so coming, about two kilometres north near police station, Bahodapur, the jeep met with an accident with truck No. DIG 3288. The truck was being driven by Man Singh, respondent No. 1 and was owned by Ram Bahadur Singh, respondent No. 2. It was insured with the Oriental Insurance Co. , respondent No. 3. Satish Chandra died on the spot. Others sustained injuries.

(3.) THE Tribunal found that the truck was being driven rashly and negligently. As a result of the injuries sustained, Satish Chandra Jain, driver of the jeep died on the spot. It also held that deceased Satish Chandra was earning Rs. 800 per month. The monthly dependency was assessed at Rs. 650. Applying the multiplier of 5, the Tribunal held that the claimants are entitled to Rs. 39,000 as compensation. The Tribunal also awarded interest at the rate of 12 per cent per annum from the date of filing of claim petition.