G A SRIDEVI Vs. NATHURAM

JUDGEMENT

(1.) Wife and daughter of the deceased have made a claim petition in MVC No.162/2012 claiming compensation of Rs.45,00,000/- and the Tribunal by its Judgment and award dated 13.6.2014 has awarded compensation of Rs.12,65,000/- (Rupees twelve lakhs sixty five thousand only) along with interest at the rate of 6% p.a. from the date of petition till realization. Against the order of the Tribunal, the claimants have preferred this appeal for enhancement of compensation and also made a prayer to fasten liability on the insurance company since the Tribunal has fastened the liability on owner of the offending vehicle.

(2.) The grounds taken by the appellants for fastening the liability on the insurance company are as follows:

(3.) Learned counsel for the appellants further contended that the Tribunal has assessed the monthly income without considering the evidence of PW.1-wife of the deceased. In the claim petition, claimants have contended that the deceased was a cloth merchant and was earning Rs.20,000/- per month and in support of the same, wife of the deceased has produced Ex.P12 registration certificate of shop and also produced number of bills as per Ex.P15. But the Tribunal has come to a conclusion that as the claimants have not produced any documents in support of their claim that the income of the deceased was Rs.20,000/- per month has taken the income at Rs.5,000/- per month and after deducting 1/3rd towards his personal expenses and applying the multiplier of '14' has awarded Rs.5,60,000/- towards 'loss of dependency'.