Kamlesh vs Rajendra Kumar - 2023 Supreme(All) 2350

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2350

K. J. THAKER
Kamlesh – Appellant
Versus
Rajendra Kumar – Respondent

Advocates appeared:
For the Appellant : Y.S. Bohra.
For the Respondent: Arvind Kumar, Anubhav Sinha.

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

Heard Sri Y.S. Bohra, learned counsel for the appellant, Sri Anubhav Sinha, learned counsel for respondent - insurance company and perused the judgment and order impugned. None appears for owner.

2. This appeal, at the behest of the claimant, challenges the judgment and award dated 11.05.1994 passed by the Motor Accident Claims Tribunal/Additional District Judge, Bulandshahr (hereinafter referred to as 'Tribunal') in M.A.C.P No.29 of 1984 awarding a sum of Rs.85,000/- as compensation with interest at the rate of 12%.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded.

4. The accident took place on 08.07.1984. The deceased was 27 years of age and was an agriculturist. Deceased-Nanak Chand who was 27 years of age left behind him, his widow and three minor children which fact is not in dispute. The Tribunal considered his income to be Rs.600/- per month, granted multiplier of 20 and that is how the Tribunal has calculated the total compensation to be Rs.85,000/-

5. Sri Y.S. Bohra, learned counsel for the appellant submits th