BISHWA RANJAN DAS Vs. MALKIYAT SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed by the sole appellant, challenging the judgment and award, dated 15.3.1993 passed by 4th Additional Judicial Commissioner-cum-Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 84 of 1989, whereby and whereunder the learned claims tribunal allowed the compensation to be paid to the claimant/appellant of Rs. 1,00,000/- (Rupees one lac) inclusive interim compensation of Rs. 15,000/- already paid to the claimant/appellant with six per cent interest per annum from the date of application.

(2.) CLAIMANT is the father of deceased Baijnath Das, who was Service Technician of Konark TV Limited and was posted at Kamdhenu Electronics. Ranch). It is further claimed that on 17.3.1989 he has gone to Ramgarh to attend some work. While he was returning on his own motorcycle on 18.3.1989 and reached near Booty More on national highway, the truck bearing registration No. UHL 9054 dashed against his motorcycle, as a result of which, he fell down and the wheel of the truck rode over the stomach of the deceased causing his death instantaneously. One Sri K.K. Thakker got information about the accident at 9.30 a.m. and thereafter, he reached to the place of occurrence A First Information Report was lodged and after due investigation, charge-sheet was submitted and post-mortem was also held.

(3.) MR . V. Shivnath, learned counsel appearing on behalf of the claimant/appellant submitted that the learned tribunal wrongly passed the impugned award assessing the compensation very low and actually the multiplier of 18 will be applicable in the instant case as the deceased was aged 27 years old at the time of accident and the claimant is entitled for compensation of more than rupees three lacs. It is also submitted that the deceased was working as Technician in the Konark TV Company and was earning Rs. 2,160/- per month which will be evident from the Pay Account (Ext. 5).