HARPREET KAUR Vs. RAJVINDER SINGH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 05.12.2008, passed in Claim Case No.63/2007.

(2.) AS against the compensation of Rs.31,25,000/- claimed by the appellants/ claimants, unfortunate widow and minor son of deceased Harjeet Singh, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 28.04.2006, the Tribunal awarded a total sum of Rs.3,28,000/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) SHRI P.R. Patankar and SHRI Kunal Das, learned counsel for the appellants submitted that the Tribunal has erred in deducting 50% of the income of the deceased towards his personal expenses; in selecting the lower multiplier of 13; and in awarding low compensation of Rs.3,28,000/- only.