GAYA PRASAD AGRAWAL Vs. T.A. REDDY
HIGH COURT OF CHHATTISGARH
GAYA PRASAD AGRAWAL
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SUNIL KUMAR SINHA,J. -
(1.)THE appellants/claimants have filed this appeal for enhancement of the amount of compensation awarded by the III Addl. Motor Accident Claims Tribunal, Bastar, Jagdalpur, on 19-4-1994 in Claim Case No. 50/1988.
(2.)THE brief facts are that on 28-2-1988, the truck bearing Regn. No. M.T.G. 4022 dashed the son of the claimants namely Banti, aged about 21 years, who received many injuries and ultimately died in the hospital on the same day. THE claimants filed claim petition claiming compensation to the tune of Rs. 4 lakhs. THE said claim was contested by the respondents.
After framing issues and recording evidence of parties the Claims Tribunal recorded a finding that the accident occurred due to rash and negligent driving of the offending truck by its driver and the claimants were entitled to receive compensation on account of death of their son. The Tribunal awarded a sum of Rs. 21,000/- as the amount of compensation to the claimants on the ground of future expected earning of the deceased child. It determined that in the normal circumstances the future expected earning of the deceased would be Rs. 500/- per month and deducting 50% of the same, it further determined the dependency as Rs. 250/-per month and Rs. 3000/- per year. Looking to the age of the appellants and the probable expected longevity of their life, a multiplier of 7 was used and the total compensation of Rs. 21,000/- was finally determined. Learned Counsel for the appellants argued that the amount awarded by the Tribunal is too meager, which should be enhanced suitably. He further argued that the law has undergone a drastic change and looking to the overall scenario, the amount of Rs. 21,000/- cannot be said to be the just and proper compensation in this case.
(3.)ON the other hand, learned Counsel for the respondents opposed these arguments and supported the award passed by the Claims Tribunal.
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