SMT L KANTAMMA Vs. SHOBHIT DAS MANIKPURI

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 14.09.2002, passed in Claim Case No.52/2002.

(2.) AS against the compensation of Rs.32,26,460/- claimed by the appellants/ claimants, unfortunate widow, sons and mother of deceased Kuberu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 31.12.1999, the Tribunal awarded a total sum of Rs.4,50,000/- as compensation along with interest @ 9% per annum in the event of insurer's failure to deposit the amount of compensation within two months of the passing of the award.

(3.) SHRI Amrito Das, learned counsel for the appellants submitted that the Tribunal has erred in splitting the multiplier of 13 selected by the Tribunal and multiplying the annual dependency of Rs.57,480/- with the multiplier of 8 and 50% of Rs.57,480/- i.e. Rs.28,740/- with the multiplier of 5; in deducting 10% of the compensation assessed on account of lump-sum payment to the claimants; and in awarding low compensation of Rs.4,50,000/- only.