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1989 Supreme(P&H) 375

G.R.MAJITHIA
Kailash Kumari – Appellant
Versus
Bhola – Respondent


Judgment

1. The claimants have come up in appeal against the award of the Motor Accident Claims Tribunal. Their only grievance is that the Tribunal erred in disallowing the claim against the Insurance company.

2. The learned Tribunal correctly found that the accident took place die to the rash and negligent driving of respondent No. 1. The deceased was Government servant and drawing monthly salary of Rs. 1750.20 paise at the time of his death. The Tribunal determined the dependency of the claimants and held that the deceased was contributing Rs. 1170.00 per month for the maintenance of his dependents. The deceased was aged 46 years on the date of his death. The Tribunal applied the multiplier of 16 and found that the claimants are entitled to Rs. 2,24,640.00 by way of compensation. This amount was ordered to be paid with interest by respondent Nos. 1 and 2.

3. The learned Tribunal found that the deceased was being carried in a private car as a gratuitous passenger and the insurance company is not liable to pay the compensation. The view taken by the learned Tribunal is unsustainable by law. The Tariff Advisory Committee, by their instructions dated March 13, 1978 had given direction









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