JUDGMENT :- S.K. Gangele, J. 1. Claimants-appellants have filed this appeal against the award dated 7.5.2008, passed by Member, Motor Accidents Claims Tribunal, Vidisha in the Claim Case No. 75 of 2006. 2. On 3.5.2006 deceased Maharaj Singh was coming to Atari Khejra along with respondent No. 2 Pooran Singh on motor-bike bearing registration No. MP 40-BC 1913. The aforesaid motorbike near Mirzapur petrol pump skidded. In the aforesaid accident, deceased received severe injuries in his leg, head and abdomen. Deceased Maharaj Singh died in Government Hospital, Vidisha. Report of the accident was lodged at Police Station, Dehat, Vidisha. An offence vide Crime No. 193 of 2006 under sections 279 and 337 of the Indian Penal Code was registered. 3. Claimants who are the wife, son and daughters filed claim application before the Claims Tribunal claiming total compensation of Rs. 16,15,000. The learned Claims Tribunal has held that the accident occurred due to rash and negligent driving of the motorbike bearing registration No. MP 40-BC 1913. It was insured at the relevant time by non-applicant No. 3, New India Assurance Co. Ltd. The driver had a valid driving licence, hence, the Tribunal awarded a compensation of Rs. 2,62,000 against the driver, owner, and insurance company of the motorbike bearing regisration No. MP 40-BC 1913. 4. Learned counsel for the appellants submitted that lesser compensation has been awarded by the Claims Tribunal. The Claims Tribunal has not considered the income of the deceased properly. Contrary to this, learned counsel for the insurance company has submitted that deceased was pillion rider, hence insurance company is not liable to indemnify the insured. It has further been stated that proper compensation has been awarded to the claimants. 5. With regard to liability of the insurance company to indemnify the insured, it is an admitted fact that the vehicle was insured by the insurance company at the relevant time. Insurance policy Exh. D1 has been filed. After perusal of the policy, it is a Comprehensive Policy. 6. Hon'ble Division Bench of this court in case of National Insurance Co. Ltd. v. Brijlata, 2009 ACJ 791 (MP), has held that the liability of pillion rider has been covered under the Comprehensive Policy. Hence, in my opinion, Tribunal has not committed any error in holding that the insurance company is liable to indemnify insured. Consequently, the cross-objection filed by insurance company is rejected. 7.
Ltd. v. Brijlata, 2009 ACJ 791 (MP), has held that the liability of pillion rider has been covered under the Comprehensive Policy. Hence, in my opinion, Tribunal has not committed any error in holding that the insurance company is liable to indemnify insured. Consequently, the cross-objection filed by insurance company is rejected. 7. With regard to quantum of compensation, claimant wife Munni Bai, AW 1, in her evidence stated that her husband had been working as labourer and he was earning Rs. 150 per day. Another witness Chhunilal, AW 2, in his evidence stated that the deceased Maharaj Singh had been working as labourer and he was getting Rs. 150 per day wages. Same facts have been stated by Bharat Singh, AW 3, who is brother of the deceased. 8. Looking to the above evidence on record and the facts that the accident occurred in the year 2006, in my opinion, it would be just and proper to fix the income of the deceased at Rs. 3,000 per month, i.e., (Rs. 3,000 x 12) = Rs. 36,000 per annum. Claimants are wife and children of the deceased, hence Tribunal has rightly assessed the dependency of 2/3rd, i.e., Rs. 24,000. After considering the evidence and record of the case, the Tribunal has rightly applied the multiplier of 15 which appears just and proper. After applying the multiplier of 15 total loss of dependency to the claimants comes to (Rs. 24,000 x 15) = Rs. 3,60,000. Because accident is of 2006, hence it would be just and proper to award Rs. 25,000 on other heads. Hence appellants are entitled to (Rs. 3,60,000 + Rs. 25,000) = Rs. 3,85,000. The Tribunal has already awarded a compensation of Rs. 2,62,000, hence the appellants will get enhanced compensation of (Rs. 3,85,000 - Rs. 2,62,000) = Rs. 1,23,000. The amount shall carry interest at the rate of 8 per cent per annum from the date of filing of the claim application up to realization. Rest of the terms and conditions of the award will be same as per the award of the Tribunal. No order as to costs.