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1996 DIGILAW 671 (MP)

Abdul Rashid Qureshi And Ors. v. Ajab Singh And Ors.

1996-07-31

S.K.DUBEY, U.B.SHUKLA

body1996
JUDGMENT S.K. Dubey, J. 1. The appellants are the claimants, who have filed this appeal for enhancement of compensation awarded vide award dated 17.1.1991 passed in M.V.C. No. 12 of 1986 by VI Additional Motor Accidents Claims Tribunal, Bhopal. 2. The manner and circumstances in which the accident occurred as a result of which deceased Javed Qureshi, aged 20 years died because of rash and negligent driving of truck No. OAC 8045, are not in dispute. 3. The Tribunal for calculating the compensation has estimated the monthly earning of the deceased at Rs. 450/-. As he was a bachelor his contribution to the family was estimated at Rs. 300/-, yearly Rs. 3,600/-, applying the multiplier of 10 the compensation was calculated at Rs. 36,000/-. For the pain and suffering Rs. 4,000/- and Rs. 1,400/- towards the expenses incurred in cremation, were also awarded. Thus, the Tribunal awarded Rs. 41,400/- with interest at the rate of 12 per cent per annum from the date of application, i.e., 7.1.1986, till payment. 4. Appellant Nos. 1 and 2 are the parents and appellant Nos. 3 to 7 are the brothers and sisters of the deceased. It was submitted by the counsel that the deceased was living in joint family and thus he was contributing to the family pool. Without his financial contribution it was not possible to pull on such a big family. Therefore, the multiplier of 10 applied is on the lower side. 5. Mr. N.S. Ruprah supported the award and submitted that the amount of compensation awarded is not so inadequately low as to call for interference. 6. After hearing counsel we are of the view that the amount of compensation awarded is on lower side. Looking to the age of the deceased and parents the multiplier ought not to have been less than 15 which should be applied to the amount of dependency estimated. The compensation would come to Rs. 54,000/-, in addition to the amount of Rs. 4,000/- and Rs. 1,400/-awarded by the Tribunal. The total compensation which the appellants should get would be Rs. 59,400/- with interest at the rate of 12 per cent per annum from the date of application till deposit. The amount under the head of mental pain and suffering could not have been awarded, but, as the respondents have not filed any appeal or cross-objections we are not inclined to reduce the same. 7. 59,400/- with interest at the rate of 12 per cent per annum from the date of application till deposit. The amount under the head of mental pain and suffering could not have been awarded, but, as the respondents have not filed any appeal or cross-objections we are not inclined to reduce the same. 7. The respondent company shall deposit the amount of compensation so awarded by us with accrued interest within two months less the amount already deposited by it, failing which the amount of compensation shall carry interest at the rate of 15 per cent per annum till deposit. On deposit the Tribunal shall disburse the amount to appellants/claimants in accordance with law. 8. In the result, the appeal is allowed. The award stands modified as indicated hereinabove. Appellants to get the costs of this appeal. Counsel's fee Rs. 500/-, if pre-certified.