KAMALNARAYAN DESHMUKH Vs. OM PRAKASH SAHU

JUDGEMENT

(1.) THIS appeal filed by the claimants arises out of the award dated 3.3.2012 passed by the Additional Motor Accident Claims Tribunal, Balod, Distt. Durg (in short "the Tribunal") in Claim Case No. 62/2011 whereby in a death case compensation of Rs. 95,000/ - has been awarded in favour of the claimants. Facts of the case, in brief are that on 21.5.2010 when Sandeep Kumar was riding his motorcycle, he was dashed by a matador bearing registration No. C.G.07C -4922, driven by respondent No. 1 in a rash and negligent manner and owned by respondent No. 2. Thereafter, he was taken to hospital, however, during the course of treatment he died.

(2.) A claim case was filed by the claimants, who are father and mother of the deceased, before the Tribunal for compensation of Rs. 98.10 lacs under various heads, inter alia, pleading that at the relevant time, the deceased was 19 years of age, was a student of 2nd semester of engineering course. According to the claimants, the deceased was one of the brilliant students and would have achieved many goals in his life and would have earned substantially had he been alive.

(3.) LEARNED counsel for the appellants submits that the Tribunal has wrongly assessed the annual income of the deceased as Rs. 15,000/ - whereas even if the notional income could have been considered, the same comes to Rs. 36,000/ - per annum. He further submits that the multiplier of 10 has been applied by the Tribunal whereas in the present case, it should have been 18. Lastly, he submits that the amount awarded under the conventional heads is also on the much lower side and needs suitable enhancement.