U P STATE ROAD TRANSPORT CORPORATION Vs. KRISHNA BALA
LAWS(SC)-2006-7-76
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on July 13,2006

UTTAR PRADESHSTATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
KRISHNA BALA Respondents

JUDGEMENT

Arijit Pasayat, J. - (1.) Challenge in this Appeal is to the judgment of a Division Bench of the Allahabad High Court which dismissed the First Appeal filed by the appellant against the Award passed by a Motor Accident Claims Tribunal (XII Additional District Judge, Meerut) (in short the Tribunal.)
(2.) By the Award made, the Tribunal awarded compensation of Rs.5, 12,000/- to the respondents (hereinafter referred to as the Claimants). One Rajveer Singh (hereinafter referred to as the deceased) died in a motor accident on 29.11.1990. The claimants filed a claim petition under the Motor Vehicles Act, 1988 (in short the Act). Age of the deceased was around 36 years and he is earning monthly salary of Rs.2300/- per month. Though claim of agricultural income was made, the Tribunal did not accept the same. It adopted multiplier of 22 on the ground that the deceased had 22 years of service left. It was further noted that thereafter the deceased would have got pension. The widow of the deceased and children were awarded Rs.20,000/- towards love and affection, and Rs.5,000/- for funeral rites. After adopting a multiplier of 22 the amount was fixed Rs.6,07,200/-. After taking note of personal expenses the loss of dependency was fixed at Rs.1600 per month. In addition interest at the rate of 12% from the date of application was granted.
(3.) The Corporation questioned correctness of the award before the High Court. It, inter alia, submitted that the multiplier adopted and the rate of interest therein was high. The High Court dismissed the appeal almost summarily holding that the award was not excessive.;


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