Allahabad Court September 1996 Judgments

Oriental Insurance Co. Ltd. Vs. Sakhi Bai and ors.

Court: Allahabad

Reported in: 1998ACJ505

Om Prakash, J.1. This is an F.A.F.O. against the impugned award dated 14.5.96 made by Motor Accidents Claims Tribunal, Jhansi. One Jagdish Chaurasia died of motor accident on 20.2.1994 when he was 30 years old. His monthly dependency was taken at Rs. 1,000/-, i.e., Rs. 12,000/-annually by the Tribunal. Applying the multiplier of 17, compensation was determined at Rs. 2,04,000/-. Giving deduction for payment in lump sum, compensation payable to the respondent No. 1 came to Rs. 1,36,000. Adding some more amount, total compensation payable to respondent No. 1 was taken at Rs. 1,43,000/-.2. The only question for consideration is whether the compensation awarded is reasonable. Though, the Second Schedule inserted by Act No. 54 of 1994 with effect from 14.11.1994 is not applicable to the facts of the case, as the date of accident preceded 14.11.1994 when the Schedule came into force, in our view reasonableness of the amount of compensation awarded by the Tribunal can be tested by the princip...