ORIENTAL INSURANCE CO LTD Vs. MALTI DEVI

JUDGEMENT

(1.) HEARD the parties, perused the records and with their consent, these three appeals, arising out of a common judgment, passed by Motor Accidents Claim Tribunal, Chapra, are disposed of under Order 41, Rule 11 of the Code of Civil Procedure by a common order.

(2.) ADMITTEDLY , on 14.9.1993, in a motor accident several persons lost their lives. A bus bearing registration no.BEW 4155 met with an accident near Basti Jalal in Saran District. It fell into a river. Several passengers of the bus including Durga Prasad Singh, Satendra Rai and Ramanand Singh died and others were injured. Altogether 35 claim cases, under the provisions of Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") were filed for compensation including Claim Case Nos. 66, 61, 38 of 1993, which along with others have been disposed of by impugned judgment dated 7.2.1998 and separate awards have been prepared.

(3.) HEIRS of deceased Durga Prasad Singh filed Claim Case No.66 of 1993. Deceased was a 47 year 'sold -Junior Engineer. His monthly earning was Rs.4,129/ -. Claimants were his mother, widow and minor children. Tribunal fixed annual dependency at Rs.33,600/ - and applied 13 multiplier. A sum of Rs.15,000/ - was also given for loss of consortium and estate and for funeral expense. Total amount of compensation was calculated at Rs.4,51,800/ - with 12% interest per annum from the date of filing of claim case till payment. '