Chhaju Khan v. Nagpur Golden Transport Co. , Delhi
2004-12-02
DALIP SINGH
body2004
DigiLaw.ai
JUDGMENT 1. - This appeal arises out of the award dated 1.2.1993 passed by the Motor Accident Claims Tribunal, Jaipur, (hereinafter referred to as 'The Tribunal') in Claim Petition No. 214/1989 wherein on account of death of one Saddiq, a boy aged 18 years, an amount of Rs. 1,23,000/- was awarded to the appellants as compensation. 2. The submission of the learned Counsel for the appellants is that the Tribunal had committed a serious error in ignoring the material evidence on record which went to show that the deceased was earning Rs. 900/- per month by working in the manufacturing of carpets and the carpet industries are the growing industries and future prospects of earning would certainly have grown and in view of the decision of the Hon'ble Supreme Court in the case of General Manager, Kerala State Road, Transport Corporation v. Susamma Thomas and Ors., 1994 A.C.J. 1 : 1994 (1) T.A.C. 323 (S.C.) , this amount of Rs. 900/- per month would have increased. The further submission of the learned Counsel for the appellants is that the multiplier of 15 have wrongly been applied. In the alternative, learned Counsel for the appellants submits that in case, the aforesaid submission is not accepted then in view of the decision given in the case of Shanti Bai and Ors. v. Charan Singh and Ors., 1998 A.C. 848 , Their Lordships of the Hon'ble Supreme Court have held that in the case of death of 18 years, the amount of compensation of Rs. 1,50,000/- would be just and equitable. 3. Learned Counsel for the respondents submits that the award passed in the instant case is just and equitable and no interference is called for. 4. I have considered the rival submissions made at the Bar. In the facts and circumstances of the instant case, I am inclined to agree with the alternate submissions made by the learned Counsel for the appellants that this case may be decided in terms of the judgment given by the Hon'ble Supreme Court in the case of Shanti Bai and Ors. v. Charan Singh and Ors. (supra). Consequently the amount of compensation awarded by the learned Tribunal is enhanced to Rs. 1,50,000/- which was a compensation awarded in the case of death of a boy of the age of 18 years in the aforesaid case. 5. The compensation awarded by the Tribunal i.e., Rs.
v. Charan Singh and Ors. (supra). Consequently the amount of compensation awarded by the learned Tribunal is enhanced to Rs. 1,50,000/- which was a compensation awarded in the case of death of a boy of the age of 18 years in the aforesaid case. 5. The compensation awarded by the Tribunal i.e., Rs. 1,23,000/- has already been paid and the same is liable to be deducted from the enhanced amount of Rs. 1,50,000/-. 6. Consequently, the appeal filed by the appellants is allowed to the extent indicated above. The appellants will be entitled to a sum of Rs. 27,000/- (Rs. twenty-seven thousand only). The respondent would pay the a sum of Rs. 27,000/- by way of DD/Crossed Cheque in favour of the appellant or deposit the same with the Tribunal within three months from today. In case, the amount of Rs. 27,000/- (Rs. twenty-seven thousand only) is paid or deposited as indicated above within three months, the same shall carry the interest @ 6% per annum w.e.f. the date of filing of the appeal i.e., 3.5.1993. However, in case, the respondent fail to pay or deposit the aforesaid amount within the stipulated period of three months, the appellant shall be entitled to recover the amount with interest @ 9% per annum w.e.f. the date of filing of the claim petition No. 7.3.1989.There shall be no order as to costs.Appeal allowed. *******