Posted On by &filed under High Court, Madhya Pradesh High Court.


Madhya Pradesh High Court
Prabhabati And Anr. vs Beeru And Ors. on 29 August, 2000
Equivalent citations: III (2002) ACC 658
Author: B Singh
Bench: B Singh, A Mishra


JUDGMENT

Bhawani Singh, C.J.

1. This appeal is directed against the award dated 7.8.1997 of Additional Motor Accident Claims Tribunal, Multai in the Claim Case No. 27 of 1996. The claimants are parents of the deceased. They are not satisfied with the award, hence this appeal for enhancement of compensation.

2. Facts briefly are that deceased Ballu @ Kamlakar Rao was studying in 10th Class. Due to crowd, he stood near the door of the bus. The bus received jolt as a result of which he fell down resulting in injuries. He died in the hospital. Case No. 215 of 1996 was lodged in the Court of Additional Judicial Magistrate arising out of this accident. Allegation of claimants is that the accident took place due to negligence of the driver, since deceased was trying to get into the bus and due to jolt received by the bus he slipped and fell down resulting in the injuries. The allegation is opposed by other side and they say that accident did not take place due to their negligence. Insurance Company states that due to violation of conditions of insurance policy, it is not responsible for making payment of compensation.

3. The Tribunal found that accident happened as alleged by the claimants and deceased aged 20 years died in this accident for which the Insurance Company is liable to pay compensation. Accordingly, compensation to the extent of Rs. 1,04,000/- carrying interest at the rate of 12 percent per annum from the date of application till payment is allowed and in case the amount is not paid within two months, the rate of interest would be 18 percent per annum. This apart, a sum of Rs. 750/- has been awarded towards Counsel’s fee.

4. Mr. S.L. Kochar, learned Counsel for the appellants, contends that the award is liable to be modified. Proper multiplier has not been applied for assessing the compensation. This apart double reduction has been resorted to. Therefore, it is in the interest of justice that the award is modified. Mr. Sanjay Agrawal, Advocate with Mr. Vishal Dhagat, learned Counsel for respondents submit that award is proper and, therefore, maintainable. In case this Court comes to the conclusion that proper multiplier has not been used, in that event the proper multiplier should depend on the age of the parents of deceased who are 50 (father) and 45 (mother) respectively. Taking into consideration the age of deceased and his parents (claimants), proper multiplier in this case should be 15. Taking the monthly income as assessed by the Claims Tribunal, the compensation would come to Rs. 1,50,000/-. This apart, claimants would be entitled to Rs. 2,000/- towards funeral expenses; taking the total compensation to Rs. 1,52,000/-. The amount will carry interest to the extent and manner awarded by the Tribunal.

5. Accordingly, the award passed by the Claims Tribunal is modified in terms aforesaid. The amount of compensation of Rs. 1,52,000/- (One lakh fifty two thousand) with interest be paid to the claimants within two months. Parties are left to bear their respective costs.


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