Madhya Pradesh Rajya Parivahan Nigam, Indore v. Rashida Be
2001-04-18
A.M.SAPRE, BHAWANI SINGH
body2001
DigiLaw.ai
Judgment ( 1. ) THIS appeal is directed against an award passed by the HI Motor Accidents Claims Tribunal, Indore in Claim Case No. 406/98, dated 16-11-2000. ( 2. ) ACCIDENT took place on April 28,1998 when Tahir Hussain (30) was travelling in a Bus No. MIH 7692 alongwith other passengers, going from Indore to Mandleshwar. Due to the rash and negligent driving the Bus went into a ditch, resulting in the death of many passengers. Deceased Tahir Hussain also died in this accident. He was working in a Cutlery and General Stores against a monthly salary of Rs. 5,000/- on which the family was depending. As a result of this accident, the family has suffered and will suffer since it was depending upon him for subsistence. The vehicle is owned by the appellant. Compensation of Rs. 2,59,100/- has been awarded carrying interest @ 12% from the date of application. The appellant is not satisfied with this award, therefore, this appeal. ( 3. ) HEARD Shri Vinay Zelawat, learned counsel for the appellant. It is contended that compensation awarded is excessive, therefore, it deserves to be reduced. There is no satisfactory evidence about the age and income of deceased Tahir Hussain. Therefore, determination of compensation by Claims Tribunal is not correct. ( 4. ) WE have considered the submissions raised by the learned counsel for the appellant. After going through the facts of the case, evidence and the findings recorded by the Claims Tribunal, we are of the opinion that the compensation awarded by the Claims Tribunal can not be said to be excessive. After all, the deceased was working in a Cutlery and General Stores. In the claim petition, the claimants have said that the deceased was earning Rs. 5,000/- per month, however, the statement in Court is, that deceased Tahir Hussain was earning Rs. 3,500/- per month, out of which he used to spend Rs. 500/- on himself and rest on the family. Besides, he used to go outstation in connection with business and get Rs. 100/- per day. The Claims Tribunal has determined the monthly dependency at Rs. 1,300/- and applied multiplier of 16 in this case. ( 5. ) WE do not find any justification to interfere with the award impugned in this appeal.
Besides, he used to go outstation in connection with business and get Rs. 100/- per day. The Claims Tribunal has determined the monthly dependency at Rs. 1,300/- and applied multiplier of 16 in this case. ( 5. ) WE do not find any justification to interfere with the award impugned in this appeal. The appeal, at the instance of Madhya Pradesh State Road Transport Corporation is without merit and is dismissed leaving open the question of justness of compensation at the instance of claimants if ever any appeal is filed by them.