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2003 DIGILAW 842 (MP)

Champabai v. Bajpai Road Lines

2003-07-15

DEEPAK VERMA, S.K.SETH

body2003
JUDGMENT For the death of a Sanskrit Scholar aged about 59 years, 7th Additional Motor Accident Claims Tribunal Indore in Claim Case No. 403/96 has awarded Rs. 70,000/- to his widow. The Tribunal found that the other claimants who are major sons of the deceased were not dependent upon him and, therefore, were not entitled to receive any compensation. The widow alongwith major sons, have preferred this appeal for enhancement of the compensation. It is not disputed before us that deceased died on account of a road accident which took place on 31.7.1996 while he was travelling in a MPSRTC Bus from Dhamnod to Indore, a truck bearing Registration No. MP/K/7479 collided with the bus. The deceased was highly qualified person and he had REd. and M. Phil. degrees. From the evidence it is clear that he used to teach Sanskrit to 60 students. Thus, it can be safely held that the monthly income of the deceased was Rs. 3,000/-. The loss of annual dependency of the appellant No-. 1, therefore, comes to Rs. 24,000/-. The Tribunal applied multiplier of 7 which according to us is on the lower side. In the facts and circumstances of the case proper multiplier is 8. Thus, the future loss of dependency of the appellant No. 1 comes to Rs. 1,92,000/-. To this we add another sum of Rs. 28,000/-. Thus, total compensation which the appellant No.1 alone is entitled to receive from respondents 1 and 3 jointly and severaly comes to Rs. 2,20,000/- (two lakhs twenty thousand). Thus, the appeal is partly allowed. The award of the Tribunal stands modified to the extent indicated above. The enhanced amount shall carry interest of 6% from the date of application till it is actually paid. Respondent 3 shall bear cost through out. Counsel fee Rs. 1,000/-, if certified.