GYANCHAND JAIN Vs. PARMANAND
SUPREME COURT OF INDIA
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(1.)Parveen Kumar Kasliwal, son of the appellants met with an accident on 19th May, 1987. He was going on bicycle and accident took place with a tractor driven by respondent No. 1. He sustained injuries and died on the spot. He was 26 years of age and unmarried. He was in service of the Instrumentation Limited, Kota, a Government of India Undertaking and getting a salary of Rs. 1,638/- p. m.
(2.)Appellants being father and mother, aged 55 and 48 respectively, filed claim petition before the Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") claiming a sum of Rs. 14,50,000/- as compensation. Parties led their evidence. Tribunal after appreciating the evidence came to the conclusion that Parveen Kumar died on account of rash and negligent driving of respondent No. 1. After deducting l/3rd towards personal expenses from the income of the deceased, rupees one thousand per month was determined as the loss of dependency. Taking into consideration the age of the claimants-appellants multiplier of 12 was adopted. The total loss of dependency was determined as Rs. 1,44,000/- and after adding Rs. 3,000/- each towards loss of love and affection and funeral charges, the total compensation was determined at Rs. 1,50,000/ -. After deducting 20% on account of lump sum payment the total compensation payable was determined at Rs. 1,20,000/ -.
(3.)Aggrieved against the award of the Tribunal the Insurance Company, respondent No. 4 as well as the claimants-appellants filed appeals. Plea of the insurer was that the compensation determined was on the higher side whereas the plea of the claimants-appellants was that the compensation awarded was on the lower side. The High Court dismissed the appeal filed by the insurer. The appeal filed by the claimants was partly accepted. It was held that deduction of 20% from the total compensation was not permissible and, therefore, set aside the order of the Tribunal to that extent and determined the payable compensation at Rs. 1,50,000/- with interest @ 12%.
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