The span of her earning life was companynted as 35 years taking 58 years as the age of superannuation.
15000/ as damages to her hus band Sudhakar.
Both sudhakar Kotasthane and Madhya Pradesh State Road Transport Corporation preferred appeals to the High Court from the decision of the tribunal The High Court proceeded as follows.
Sudhakar Kotasthane and Indubala Bhand ari were also travelling in the same bus and both sustained injuries and were awarded companypensation by the tribunal, but these appeals do number companycern their cases or the claim in respect of Kotasthanes dead child.
The two appeals before us at the instance of the Madhya Pradesh State Road Trans port Corporation, on certificate granted by the Madhya Pradesh High Court, are against the companymon judgment of the High Court enhancing the quantum of damages awarded by the claims tribunal in respect of the death of Mrs. Usha Kotas thane and the injury sustained by Sailesh Kumar.
From the Judgment and Order dated the 10 1 1967 of the Madhya Pradesh High Court in Misc.
As regards the death of Mrs. Usha Kotasthane, the claims tribunal awarded Rs.
K. Gambhir, for respondent No.
The Judgment of the Court was delivered by GUPTA, J. On June 23, 1961 a bus owned by the appellant which was going from Gwalior to Indore met with an accident as a result of which two of the passengers, Mrs. Usha Kotas thane, aged about 23 years, and her one year old son, died and several others received serious injuries.
Claims for companypensation were filed before the Motor Acci dent Claims Tribunal at Gwalior The application for company pensation for the death of Mrs. Usha Kotasthane and her child was made by her husband Shri Sudhakar Kotasthane, and the claim in respect of the injury to minor Sailesh Kumar was made on his behalf by his guardian mother Shrimati Indubala Bhandari.
The other appeal C.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
C.A. 2254 of 1968 relates to the award in Mrs. Kotasthanes case and A. 2255 of 1968 to that in the case of Sailesh Kumar.
First Appeal No.
12/64 Ram Panjwani, Rameshwar Nath, for the appellant in both the appeals.
2254 2255 of 1968.
200/ as the average monthly income, and for the remaining twenty nine years of service the average income per month was fixed at Rs.
Among the injured was one Sailesh Kumar, a boy of about four years.
1 in CA 2254/68.
2255/68.
G. Ratnaparkhi, for respondent No.
1 in CA No.
Skin grafting had to be done and the boy had to remain in hospital from June 25, to August 4, 1961.
High Court relied on by the appellant P. B. Kader v. Thatchamma AIR 1970 Kerala 241 , to which one of us was a party, the same method of assessing companypensation was adopted.
2255 of 1968 relates to the injury sustained by a boy aged about four years.
