NATIONAL INSURANCE CO LTD Vs. ASHA DEVI

JUDGEMENT

(1.) NATIONAL Insurance Co. the Motor Vehicles Act, 1988, aggrieved of Ltd. by joining the owner of the vehicle the award dated 13. 1. 1994 passed in Claim has filed this appeal under Section 173 of Case No. 8 of 1992 by Additional Motor Accidents Claims Tribunal, Satna.

(2.) ON 22. 12. 1989 in a motor accident one Harish Kumar aged about 24 years died. The accident was caused due to rash and negligent driving of the truck bearing registration No. MP 1710 owned and driven by Jamuna Prasad, the appellant No. 2 and insured by appellant No. 1. The respondents claimed compensation of Rs. 10,00,000/ -. On the evidence adduced by the parties the Tribunal held that the accident was caused because of rash and negligent driving of the truck. This finding is not seriously challenged.

(3.) HOWEVER, the appellants submit that compensation awarded is highly excessive. The deceased was earning Rs. 1,500 per month while the widow in her statement stated that the deceased was giving Rs. 20/- per day for meeting daily expenses of the house. It is also submitted that the multiplier of 20 applied is against the settled principles of law as laid down in the case of General Manager, Kerala State Road Trans. Corporation v. Susamma Thomas 1994 ACJ 1 (SC) and a decision of this Court in State of Madhya Pradesh through Collector, Jhabua v. Ashadevi 1988 ACJ 846 (MP ). The determination of dependency at the rate of Rs. 1,200/- and application of multiplier of 20 and calculation of the compensation of Rs. 2,88,000/- with interest at the rate of 12 per cent per annum from the date of application till realisation is excessive which deserves to be reduced.