LATABAI Vs. VEDPRAKASH

JUDGEMENT

(1.) THIS is an appeal filed by the claimants, namely, surviving widow and minor daughter of the deceased Amritlal, against the award dated 1. 5. 1984 made by the Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 35 of 1983 whereby the learned Tribunal has awarded Rs. 30,000/- as compensation in respect of the death of the deceased as a result of a motor accident caused due to rash and negligent driving of the truck bearing registration No. UTG 6209 owned by the respondent No. 1 and driven by the respondent No. 2, the respondent No. 3, insurance company, being the insurer in respect of the vehicle at the material time.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: During the night intervening between 29. 4. 1983 and 30. 4. 1983 while the deceased Amritlal was driving the tanker bearing registration No. MBF 914 on Indore-Baroda Road, the offending truck bearing registration No. UTG 6209, being driven rashly and negligently by the respondent No. 2, came from the opposite direction and dashed against the tanker causing serious injuries to its driver, the deceased Amritlal, who succumbed to those injuries. On a claim petition having been filed by the appellants as surviving dependants of the deceased Amritlal, the learned Tribunal, on appreciation of evidence adduced in the case, found that the deceased Amritlal died as a result of the accident caused due to rash and negligent driving of respondent No. 2. On the question of compensation awardable to the claimants, the learned Tribunal found that the deceased was 30 years of age and was getting a salary of Rs. 500/- per month as a driver at the time of his death by accident. The learned Tribunal estimated that out of the salary of Rs. 500/-, the deceased required an expenditure of Rs. 250/- on himself and spared the balance of Rs. 250/- for the maintenance of the dependants. On such estimates, the amount of annual dependency has been assessed as Rs. 3,000/- and applying a multiplier of ten, the learned Tribunal has computed the amount of compensation as Rs. 30,000/ -. Interest at the rate of 9 per cent per annum on the amount of compensation payable from the date of the claim petition till realisation has also been awarded.

(3.) BEING aggrieved by the inadequacy of the compensation, the claimants have preferred this appeal for enhancement of the amount of compensation.