NAND RAM Vs. BABU ALIAS NAWAL KISHORE

JUDGEMENT

(1.) THE claimants/appellant, who are parents of deceased Laxman, have filed this Misc. Appeal under section 173 of the Motor Vehicles Act 1988 for enhancement of the amount of compensation against the judgment/award dated 28. 6. 1993 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur in claim petition No. 687/91 by the learned Tribunal passed an award for Rs. 74,000/- in favour of the claimants/appellants. THE claim petition was contested by all the non-applicants. THE Tribunal framed 5 issues. THE claimants examined AW 1 to AW 4 and produced the documentary evidence. THE Insurance Company filed Insurance Policy Ex. A-1.

(2.) THE learned Tribunal vide impugned judgment recorded a finding that this accident took place because of negligence on the part of the driver non-applicant. So far as Issue No. 3 relating to the quantum of the compensation is concerned, the Tribunal considered the statement of AW 4 Udai Lal and AW 1 Nand Ram and on that basis a finding was given that deceased was 25 years of age and for income of the deceased, the Tribunal considered the statement of AW 1 Udai Lal who stated that deceased was earning Rs. 500-700 per month. THE Tribunal determined the compensation @ 400/- per month after deducting Rs. 100/- per month as his personal expenses. THE multiplier of 5 was applied for awarding compensation in favour of father and multiplier of 20 was applied @ 200/- per month for awarding compensation in favour of mother. Rs. 10,000/- was awarded as love and affection to parents and Rs. 10,000/- for love and affection to brothers and sisters. THE total compensation of Rs. 92,000/- was awarded, however 20% deduction was made on account of lumpsum payment.

(3.) AFTER considering the submissions of the counsel for the parties and after considering the judgments of the Hon'ble Supreme Court and also the judgment of the Kerala High Court as referred above, this court is of the opinion that the amount of compensation in the present matter awarded by Tribunal is on lower side and the same is enhanced to a lumpsum amount of Rs. 1,50,000/- under all heads.