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2003 Supreme(MP) 782

DEEPAK VERMA, S.K.SETH
CHAMPABAI – Appellant
Versus
BAJPAI ROAD LINES – Respondent


Advocates Appeared:
A.GOYAL, P.Mitha

VERMA, SETH, JJ.

( 1 ) FOR the death of a sanskrit scholar aged about 59 years, 7th additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 403 of 1996 has awarded Rs. 70,000 to his widow. The tribunal found that the other claimants who are major sons of the deceased were not dependent upon him and, therefore, were not entitled to receive any compensation.

( 2 ) THE widow along with major sons, have preferred this appeal for enhancement of the compensation.

( 3 ) IT is not disputed before us that deceased died on account of a road accident which took place on 31. 7. 1996 while he was travelling in a M. P. S. R. T. C. bus from dhamnod to Indore, a truck bearing the registration No. MP-K 7479 collided with the bus. The deceased was highly qualified person and he had B. Ed. and M. Phil. degrees. From the evidence it is clear that he used to teach Sanskrit to students. Thus, it can be safely held that monthly income of the deceased was Rs. 3,000.

( 4 ) THE loss of dependency of appellant no. 1 therefore, comes to Rs. 24,000 per annum. The Tribunal applied multiplier of 7 which according to us is on the lower side. In the facts and circumstances of the case proper multiplie




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