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Judgment
Bhawani Singh, C.J.
This appeal is directed against the award of Motor Accidents Claims Tribunal, Chhindwara, dated September 27, 1991.
Claimants have filed cross-objections under Order 41, Rule 22, CPC for enhancement of compensation to Rs. 1,13,000/- from Rs. 76,300/- allowed by the Tribunal. It is contended by Shri P.K. Mishra that the cross-objections are barred by time, therefore, they do no deserve consideration while deciding this appeal. We find that notice for hearing of this appeal under Order 41, Rule 12 was issued on 23.8.1999 and cross-objections have been filed on September 14, 1999. Order 41, Rule 12(1) envisages that unless the appellate Court dismissed the appeal under Rule 11, it shall fix a day for hearing the appeal. This means that order in terms of Rule 12 was passed in this appeal on 23.8.1999. Thus construed, cross-objections are within time.
Accident took place on 28.4.1985 when Bhopal -Balaghat bus M.P.H. 822 being driven rashly and negligently hit deceased moving on bi-cycle. As a result of this accident, deceased died. It is stated that deceased was 30 year old and could live upto 65-70 years. He was mason earning Rs. 25/- per day apart from looking after ancestral land. Accordingly, compensation of Rs. 2, 45,000/- has been claimed.
Incident was reported to the police, case registered. Respondents have denied the accident and the case set up by the claimants. Tribunal has found that the accident took place as alleged. The deceased was earning Rs. 25/- per day from masonry and Rs. 500/- from agriculture. Age of deceased has been taken 30 year but compensation has not been assessed properly and accurately on settled norms, therefore, in the background of the case set up and the evidence available on file the compensation has to be assessed afresh.
The deceased was earning Rs. 25/- per day, therefore, his monthly income would be Rs. 750/-. After deducting one third towards the expenditure on himself, the dependency would come to Rs. 500/- a month and yearly dependency Rs. 6,000/-. On the date of accident he was 30 year old. The appropriate multiplier in this case should be 18. This way, total amount of compensation would come to Rs. 1,08,000 + Rs. 2000/- towards funeral expenses and Rs. 5000/- towards consortium taking total amount of compensation to Rs. 1,15,000/-. Therefore, award is modified, cross-objections considered and it is ordered that the claimants would be entitled to compensation of Rs. 1,15,000/- with interest at the rate of 12% per annum from the date of application till realisation.
The compensation be paid within two months. Costs on parties.