D.M.DHARMADHIKARI, U.B.SHUKLA
Oriental Insurance Co. Ltd. – Appellant
Versus
Bare Lal And Ors. – Respondent
D.M. Dharmadhikari, J.
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant insurance company against the award dated 12.1.1996 of the Motor Accidents Claims Tribunal, Umaria, Distt. Shahdol.
2. Bare facts necessary for decision of this appeal are as follows: The deceased Raju aged 16 years who was employed as a labourer for the work of loading and unloading on truck No. MPL 3232 met with a motor accident and lost his life on 22.3.1988. The Claims Tribunal awarded a total sum of Rs. 2,20,608/- as compensation to the claimant-respondent No. 1 who is father of the deceased. The above quantum of compensation was on the basis that the deceased was earning Rs. 16/-per day and would have lived minimum for another 44 years. Multiplying the estimated yearly income by 44, the above amount of compensation has been determined as payable jointly and severally by the owner, driver and insurance company.
3. Mr. B.D. Jain, learned Counsel who appeared for the insurance company, questioned the correctness of the quantum of compensation determined by the Claims Tribunal and argued that it is per se excessive and against settled principles. It is
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