PURNIA KUMHARIN Vs. SITARAM SINGH

JUDGEMENT

(1.) Heard both sides. This appeal has arisen from the award made by Motor Accidents Claims Tribunal of Dhanbad in Claim Case No. 144 of 1992 in favour of the present appellant and two others (appellant Nos. 1 and 2) who subsequently died entailing expunction of their names from the appeal. The claim has arisen out of a motor vehicle accident in course of which two persons had died. Consequently, two claim cases were instituted by the heirs and dependants of each of the deceased. Those claims were registered as Title (MV) No. 144 of 1992 and Title (MV) No. 147 of 1992. In both the claim cases, it had been alleged that the deceased were masons earning Rs. 1,875 per month. By a common judgment, the Claims Tribunal allowed the claims for compensation. In respect of the deceased giving rise to the present appeal out of Case No. 144 of 1992, the Claims Tribunal held that the annual income of the deceased was Rs. 7,200. By deducting 50 per cent as income spent on his own, the Tribunal awarded a sum of Rs. 64,800 to the claimants by multiplying annual income of Rs. 3,600 with the multiplier of 18 taking into consideration the age of the deceased.

(2.) The claimants in the other case were also awarded compensation in the like manner. Aggrieved by the awards in both the claim cases, two appeals were presented, one against the award made in Title (MV) No. 147 of 1992, which was registered as M.A. No. 256 of 1996 (R) and the present one arising out of Title (MV) No. 144 of 1992. The affidavit filed on behalf of respondent No. 3 shows that the claimants received the entire amount of compensation in two lots of Rs. 24,000 and Rs. 40,000 on account of full and final satisfaction of their claim and appended endorsements to this effect on Annexure B To the affidavit. The claimants in the other appeal which was directed to be heard analogous with this appeal, i.e., M.A. No. 256 of 1996(R) had also purported to have received the entire amount of compensation by way of full and final satisfaction of the claim. Accordingly, the same was dismissed on 8.2.2000.

(3.) Law is well settled that once a claimant received the amount of compensation awarded to him by way of full and final satisfaction of his claim, he cannot later on challenge the quantum of award. [See 1998 (2) PLJR 138].