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Madhya Pradesh High Court · body

2000 DIGILAW 1077 (MP)

Chhotibai v. Doma Singh

2000-09-29

A.K.MISHRA, BHAWANI SINGH

body2000
This appeal is directed against the award of the Motor Accidents Claims Tribunal Multai, in MCC No. 22/96, dated April 24, 1998. Jasoda (deceased) died in the motor accident on 4.6.1989. She was 20 year 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 trolly, otherwise the accident would not have taken place. Claimant is the mother of the deceased. 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 the Tribunal which has awarded compensation of Rs. 50,000/- carrying interest at the rate of 12% per annum from the date of application till payment. Claimant, not satisfied with this award, has filed this appeal for enhancement. Heard learned counsel for parties and perused the record of the case. Deceased was 20 year 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 monthly income of the deceased at Rs. 1,000/-, 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, 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 (9600 x 16) = Rs. 1,53,600/-. The claimant would be entitled to Rs. 10,000/- towards loss of expectancy of life. Rs.2,000/- towards funeral expenses and Rs. 2,500/- towards loss to the estate, taking the total amount of compensation to Rs. 1,68,100/-, carrying interest at the rate allowed by the Tribunal. Costs on Parties.