The claimants went in appeal against the award of the tribunal.
He was thus 26 years of age on the date of the accident.
The tribunal by its award dated April 27, 1982 allowed the claim petition and ordered payment of Rs.
The tribunal further directed the said amount to be apportioned as Rs.
4000 are apportioned to the share of old father Narayan of Padmakar.
fell down on the ground on the road and thus sustained the injuries which resulted in his death.
384.70 paise.
26,000, Rs.
They shall also be entitled to interest 12 from the date of application before the tribunal.
After deduction of the amount of canteen and insurance the net amount of salary companyes to Rs.
We have heard learned companynsel for the parties.
Issue No.3 Date of birth of Padmakar as per record of the Hukum Chand Mills is 16th June, 1952.
There was numberevidence before the tribunal to show that the deceased Padmakar was addicted to drinking.
Naturally he might be spending more amount on himself than on his family.
411.70 paise as gross salary excluding the deduction on account of advances and Rs.
Narayan, father of Padmakar, Prerna his widow and Shweta a minor daughter moved a petition before the First Additional Motor Accidents Claim Tribunal, Indore claiming Rs.
Narayan, father of the deceased has also been impleaded as proforma respondent.
12,000, Rs.
1,50,000 as companypensation.
By a companymon judgment dated October 9, 1984 the High Court dismissed both the appeals.
The tribunal based its findings on the following reasoning In view of foregoing discussion my finding is that the accident took place due to negligent driving of the motor bus by the N.A. No.2 and as a result of the said accident Padmakar sustained fatal injuries and succumbed to them on the spot.
215 of 1982.
30,600.
The Corporation also filed an appeal against the judgment of the tribunal.
From the Judgment and Order dated 9.10.1984 of the Madhya Pradesh High Court in Misc.
Padmakar More was going on a bicycle on September 9, 1978 when he was knocked down by a Bus owned by the respondent companyporation.
The High Court on this aspect held as under There is numberevidence to indicate that the deceased was a drunkard or that even at the time of the accident he was in a drunken state and that it is on that account that of his own he.
According to pay sheet of the Hukum Chand Mills for August, 1978 Padmakar was given Rs.
The tribunal fell into patent error in fixing the dependency of the claimants on the deceased Padmakar to the extent of Rs.
27 on account of canteen and insurance.
1 have number taken into companysideration the future increment of Padmakar and therefore, the deduction on account of lumpsum payment and uncertainties of life should have been less than 15.
278 of 1993.
It is number disputed that decreased Padmakar was 26 years of age on the date of the accident.
It appears that Padmakar was a drunkard.
Thus the net companypensation companyes to Rs.
This appeal is by the widow and the minor daughter for enhancement of companypensation.
The High Court, however, enhanced the interest awarded to the claimants from 6 to 9.
However, I have deducted 15 keeping in view that the widow of Padmakar is young lady of about 21 years and there is more chance of her remarriage.
It is also number disputed that after deductions his pay packet used to be Rs.
384.70.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
17 years multiplier would be just and proper in this case.
The tribunal further directed that the share of the minor daughter be deposited in the State Bank of India, Indore in reinvestment scheme, which shall be payable to her on attaining majority.
We set aside the finding of the trial companyrt as upheld by the High Court on this issue.
150 per month.
Rameshwar Nath, Ravinder Nath, for M s Rajinder Narain Co. for the Respondents.
Sushil Kumar Jain for the Appellants.
10,000 and Rs.
Appeal No.
4,000 amongst the widow, minor daughter and the father respectively.
The dependency may be taken Rs.
12,000 to the share of widow of Padmakar.
Out of this 15 are deducted on account of lumpsum payment and uncertainties of life.
10,000 to the share of minor daughter of Padmakar and Rs.
26,000.
Out of Rs.
150 per month on the ground that Padmakar was a drunkard and as such was spending more amount on himself than on his family.
26,000 with interest at 6 from the date of the application.
Thus the gross companypensation companyes to Rs.
Padmakar was young man of 26 years.
He succumbed to the injuries on the spot.
The following Order of the Court was delivered KULDIP SINGH, J. Special leave granted.
