Madhya Pradesh High Court
Chhotibai vs Doma Singh And Ors. on 29 September, 2000
Equivalent citations: 2002ACJ2048, 2001 A I H C 1597, (2001) 2 TAC 117 (2002) 3 ACJ 2048, (2002) 3 ACJ 2048
Author: Arun Mishra
Bench: Arun Mishra
JUDGMENT Bhawani Singh, C.J.
1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Multai, in M.C.C. No. 22 of 1996, dated 24.4.1998.
2. Jasoda (deceased) died in the motor accident on 4.6.1989. She was 20 years old at the time of accident and earning Rs. 1,500 per month. Allegation is that the accident took place due to rash and negligent driving of the tractor-trolley, otherwise the accident would not have taken place. Claimant is mother of the deceased.
3. The insurance company took the defence that the tractor could be used for agricultural purposes, but it was being used for non-agricultural purposes and the driver did not possess valid driving licence, thereby committing breach of the conditions of the policy. All these defences have been rejected by learned Tribunal which has awarded compensation of Rs. 50,000 carrying interest at the rate of 12 per cent per annum from the date of application till payment. Claimant, not satisfied with this award, has filed this appeal for enhancement.
4. Heard learned counsel for parties and perused the record of the case.
5. The deceased was 20 years old at the time of accident. Against assertion of earning Rs. 50 per day by labour work, the Tribunal has put the income of the deceased at Rs. 1,000 per month and dependency at Rs. 500. We are not satisfied with this assessment. Instead of settling the income of the deceased at Rs. 1,000 per month it would be desirable to fix it at the minimum level of Rs. 1,250 per month as per Schedule to the Motor Vehicles Act, 1988. Out of this, the deceased must be spending Rs. 450 on herself, thus leaving Rs. 800 to the family. The proper multiplier in this case should be 16. Therefore, the total compensation payable in this case would be (Rs. 9,600 x 16) Rs. 1,53,600, Claimant would be entitled to Rs. 10,000 towards loss of expectancy of life, plus Rs. 2,000 towards funeral expenses and Rs. 2,500 towards loss to estate, taking the amount of compensation to Rs. 1,68,100 carrying interest at the rate allowed by the Tribunal.
Costs on parties.