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2014 Supreme(SC) 219

P. SATHASIVAM, RANJAN GOGOI, N. V. RAMANA
FAHIM AHMAD – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


JUDGMENT

N.V. RAMANA,J. –

1. The short question, which arises for consideration in this appeal, is who is liable to pay the amount of compensation awarded by the Motor Accident Claims Tribunal, Udham Singh Nagar (for short, ‘the Tribunal’) in M.A.C.P. No. 98/2003 vide Award dated 06.08.2004.

2. Brief facts of the case are thus :

On 06.03.2003, the deceased Atma Singh, the husband of appellant No. 1 and the father of appellants No. 2 and 3 herein, was going from Kashipur crossing towards Tada Ujjain. When he reached the Station Road in front of godown, suddenly one tractor having registration No. UP-21-H-4596 coming at a high speed in a rash and negligent manner hit the deceased from behind, as a result of which, he became seriously injured and died on the spot. Thus, the appellants-claimants claimed compensation of Rs.5,00,000/- and averred that the deceased was 49 years’ old having monthly income of Rs.4,600/- (Rs.3,600/- from mason work and Rs.1,000/- from selling of milk of 2–3 buffaloes).

3. The Tribunal assessed the annual income of the deceased at Rs.24,000/- and applying the multiplier of 13, awarded the compensation of Rs.3,12,000/- with interest. However, the Tribunal held










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