RAKHIYA Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THIS is an appeal for enhancement of compensation awarded in Claim Case No. 11 of 1992, vide award dated 16. 8. 1995, passed by Additional Member of Motor Accidents Claims Tribunal, Multai, Distt. Betul.

(2.) THE mother is the appellant who filed an application to claim compensation of Rs. 3,52,000 for the death of her only son Baisu, aged 26 years, who died in a motor accident, caused by truck No. CPE 9454, driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3.

(3.) THE Tribunal held that the accident was caused due to the negligent driving of the driver of the truck. The deceased was earning Rs. 1,100 per month but the Tribunal estimated the dependency at Rs. 3,000 per year, wherein the multiplier of 14 was applied, the amount was worked out to Rs. 42,000 but considering the fact that the deceased was the only son and steep fall in the money value awarded Rs. 50,000 with interest at the rate of 12 per cent per annum from the date of the application till its realisation.