ORIENTAL FIRE AND GENERAL Vs. LAXMAN MAHTO

JUDGEMENT

(1.) OUT of one bus accident, two claims were preferred under Sec.110A of the Motor Vehicles Act ("the Act"), one by Subhas Chandra Prajapati for injuries sustained by him which was registered as MJC No. 145. of 1974 and the other by the legal representatives of the deceased, Ram Briksha Mahto, which was registered as MJC No. 133 of 1974. Both the cases were heard together and were disposed of by one judgment. Two appeals were filed by the opposite party of those two claim cases. Miscellaneous Appeal No. 12 of 1978(R) which arose out of MJC No. 145 of 1974. was dismissed on March 11, 1983. This appeal is confined to the award given in MJC No. 133 of 1974 for the death of Ram Briksha Mahto.

(2.) ACCORDING to the respondents -claimants, mini bus No. BHN 5454 was going from Dhurwa to Ranchi and Ram Briksha was travelling in the same. The bus met with a serious accident near Hinor crossing due to rash and negligent driving by the driver. Ram Briksha died at the spot. The respondents filed an application under Sec.110A of the Act for compensation of Rs. 75,000. The Tribunal allowed the claim and ordered that it shall be payable by the insurance company, the appellant, with interest from the date of the order till realisation at the rate of 6% per annum.

(3.) THE appellant has challenged the quantum of compensation awarded. According to the appellant, since the evidence was that Ram Briksha was drawing a salary of Rs. 426 per month at the time of his death, the amount awarded was exorbitant because the multiplier used was imaginary. The award was liable to be reduced to less than Rs. 50,000. Moreover, the amount awarded by the Tribunal was in excess of the statutory limit and is liable to be reduced to the amount payable under law.