Kashibai and Others vs State of M.P. and Others

Appellants have filed this appeal for enhancement of compensation awarded in M.A.C. case No. 11/93 vide award dated 24.2.1995 passed by the Additional Motor Accidents Claims Tribunal, Multai, District Betul.

The appellants filed an application for compensation for the death of Amarlal caused in motor accident on 29.12.1992. The deceased was employed as Chowkidar in the Irrigation department of Government of M.P. He was getting Rs. 840/- per month as a daily wages employee. The Tribunal on the evidence adduced awarded compensation of Rs. 1,18,000/- with interest there on at the rate of 12 per cent per annum.

From the evidence, it is established that the deceased was aged 30 year and was getting Rs. 840/- per month. He had six dependents, therefore, considering the number of dependents, 1/3rd amount cannot be deducted as personal expenses of the deceased as the deceased could not have afforded to spend 1/3rd of his earning on himself. In the circumstance, it would be proper to deduct 1/4th of the earning of the deceased towards the personal expenses from Rs. 840/- per month, the dependency would be at Rs. 630/- per month, yearly Rs. 7, 560/-, wherein the multiplier of 17 looking to the age of the deceased and the dependents left behind is applied the amount of compensation would come to Rs. 1, 28, 520/- In that a conventional figure of Rs. 15,000/- for consortium and loss of estate and Rs. 5, 000/- towards funeral expenses arc added, the amount of compensation would come to Rs. 1,48,520/- which the appellants would be entitled with interest there on at the rate of 12 per cent per annum from the date of application i.e. 22.3.1993 till payment. The State of M.P. shall deposit the amount of Rs. 1,48, 520/- with interest less the amount already deposited by it within a period of 3 months from the date of supply of certified copy, failing which, the amount shall carry interest at the rate of 15 per cent per annum. On deposit the amount shall be disbursed to the appellants/claimants keeping in mind the guidelines laid down by the Supreme Court in the General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, and Lilaben Udesing Gohel, Shyamala Shashidharan Nayyar and Others, Pramilaben Narendra Bhai Patel and Others, Ramabhai Shankarbhai Chavda, Lilaben and Others, Kantaben Anil Kumar Patel and Others, Motor Vahan Durghatna Sanghthan, Nadiad and Others and Shardaben Chandubhai Patel and Others Vs. Oriental Insurance Company Ltd. and Others, Hemraj Loduram Rajpur and Another, Nandubhai Ambalal Thakkar and Others, Ganibhai Ambabhai Vora and Another, Kaji Gulam Nabi Sheikh and Others, Gujarat State Road Transport Corpn. and Others, State of Gujarat and Others and Bachusha Dadusha and Others,

In the result, the appeal is allowed with costs. The award shall stand substituted in the manner indicated hereinabove. Counsel''s fee Rs. 750/- if pre-certified.

C.C. as per rules.