Research › Browse › Judgment

Madhya Pradesh High Court · body

1996 DIGILAW 164 (MP)

Vijay Kumar Chaturvedi v. Ramashanker

1996-02-07

S.K.DUBEY

body1996
JUDGMENT S.K. Dubey and Shambhoo Singh, JJ. 1. The claimants have filed this appeal for enhancement of the compensation awarded vide award dated 7.12.1988 passed in Claim Case No. 54 of 1987 by the Motor Accidents Claims Tribunal, Tikamgarh. 2. The facts are not in dispute. The deceased Mannulal was a teacher who on 14.10.1984 was going on his bicycle towards Baruasagar, when truck No. UTP 9721 owned by respondent No. 1, driven by respondent No. 2 and insured by respondent No. 3, dashed against him, causing him multiple injuries. He was shifted to Jhansi Hospital and then was taken to Medical College, Gwalior, where he succumbed to his injuries on 29.10.1984. 3. The Tribunal held that at the time of the accident Mannulal was aged 63 years and was getting pension of Rs. 300/- per month, hence, determined the dependency at the rate of Rs. 200/- per month and by applying the multiplier of 7, calculated the compensation at Rs. 16,800/-. A further sum of Rs. 5,000/- was awarded towards pain and suffering. The total compensation awarded is Rs. 21,800/- with interest thereon at the rate of 12 per cent per annum. 4. Learned Counsel for the claimants submitted that the Tribunal has committed an error in not awarding compensation for the pain and suffering suffered by the deceased who met his death. Minimum amount of Rs. 5,000/- ought to have been awarded. It was also submitted that though the claimants are not entitled in the head of pain and suffering, but as the deceased left the widow aged about 52 years, in the head of consortium a sum amounting to Rs. 5,000/- ought to have been awarded and the multiplier, in the circumstances of the case, ought to have been 8 and not 7. Reliance was placed on a decision of this court in the case of Fizabai v. Nemichand 1994 ACJ 249 (MP). 5. After hearing Counsel for the parties we are of the opinion that the Tribunal while determining the age of 63 years, committed an error as that age was on the date of the statement of the witnesses which was recorded on 3.12.1986. At the time of the accident, the deceased was aged about 61 years who left his widow aged about 52 years and other legal representatives. In the circumstances proper multiplier could be of 8. At the time of the accident, the deceased was aged about 61 years who left his widow aged about 52 years and other legal representatives. In the circumstances proper multiplier could be of 8. In the head of consortium the widow is entitled to consortium of Rs. 5,000/- and in the head of mental pain and suffering, suffered by the deceased at Rs. 5,000/- which became the estate of the deceased. The total compensation now would be Rs. 29,200/-to which the claimants shall be entitled with interest at the rate of 12 per cent per annum till the payment. 6. In the result, the appeal is allowed. The award passed by the Tribunal is modified and compensation is enhanced from Rs. 21,800/- to Rs. 29,200/- on which the claimants shall be entitled to interest at the rate of 12 per cent per annum from the date of the application till payment. The amount of compensation shall be deposited before the Tribunal by the respondent No. 3, of course, after adjustment of the amount already deposited with its proportionate interest, within a period of two months. The claimants shall also be entitled to costs of this appeal. Counsel's fee Rs. 300/-, if pre-certified.