Sushma Tripathi vs Kailash Chandra - 2023 Supreme(All) 2241

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2241

DINESH KUMAR SINGH
Sushma Tripathi – Appellant
Versus
Kailash Chandra – Respondent

Advocates appeared:
For the Appellant : R.K.Pandey, S.K.Shukla.
For the Respondent: Ram Singh, Rajendra Singh Chauhan.

JUDGMENT

Dinesh Kumar Singh, J.

Present appeal has been preferred for enhancement of compensation as awarded by Motor Accidents Claims Tribunal/ Additional District Judge, Court No.3, Banda vide judgment and order dated 31.05.2003.

2. Deceased- Prakash Chandra Dwivedi along with his brother- Prem Chandra Dwivedi and Suneel Kumar travelled in a Jeep No.UP78/V5361 on 20.12.1998. Said Jeep met with an accident with Truck No.MP19A/6414. As a result of the accident, the deceased got severely injured and died.

3. Before the Tribunal, oral evidence was led to the effect that the deceased was earning Rs.2,000/- per month, and he was a Jeep Driver. He was 21 years of age.

4. The Tribunal after considering the evidence was of the view that since the deceased was unmarried, he would be spending Rs.12,000/- on himself and Rs.8,000/-on the family members. Thus, applying the multiplier of 17, calculated the compensation, and awarded Rs.2,000/- towards Funeral and last rites, Rs.5,000/- for mental trauma and Rs. 5,000/- for other expenses, thus an amount of Rs.1.76 Lakhs with interest @ 9 % from the date of institution of the claim was awarded.

5. Learned counsel appearing for the appellant submits

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