Decided on March 17,2008

Tatiya Gond Appellant
Shivpujan Respondents


RAJEEV GUPTA,C.J. - (1.)THIS is claimant's appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal. Kanker, District Bastar, vide award dated 26-02-1997 in Claim Case No. 33/1993.
(2.)THE claimant, unfortunate, husband of deceased Somari Bai claimed compensation of Rs.3,90,000/- for her death in the motor accident when she became the victim of the accident between the two vehicles, namely,,Truck bearing Registration No. MP-23-B-3 873 and Jeep bearing Registration No. CPZ-6045, due to rash and negligent driving of the driver of the offending vehicle Truck, resulting in her death on the spot itself. The claimant pleaded that his wife - Somari Bai used to earn Rs. 100/- per day.
The Tribunal on the evidence led by the parties held that Somari Bai died on account of injuries sustained by her in the motor accident on 15-06-1993; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - Truck; and as the offending vehicle Truck was insured, on the date of the accident, with Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimant. The Tribunal assessed the claimant's dependency at Rs.20/- per day and Rs.400/- per month assuming that the deceased would have been getting work only for 20 days in a month and by applying the multiplier of 11 assessed the compensation at Rs.52,800/-. By awarding a further sum of Rs.3,000/- towards loss of consortium to the claimant - husband, the Tribunal awarded a total sum of Rs.55,800/- as compensation to the claimant for the death of his wife - Somari Bai in the motor accident. The Tribunal awarded interest @ 12% per annum on the above amount of compensation of Rs.55,800/ ¦ from the date of filing of the claim petition till the date of actual payment.

(3.)SHRI N.R Koshta, learned counsel for the appellant submitted that the Tribunal has erred in assessing the claimant's dependency at Rs.400/- per month only; in selecting the lower multiplier of 11 ; and in awarding low compensation of Rs.55,800/- only.

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