QURESHA BEGUM AND ORS. Vs. GOKUL AND ORS.

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Section 173 of the Motor Vehicles Act, 1988 (for short "the M.V. Act") appellants/claimants have challenged the award dated 25-9-2004 passed by Motor Accidents Claims Tribunal, Rajnandgaon (for short "the Claims Tribunal") in Claim Case No. 23/2003. The facts, briefly stated are as under:--

(2.) Mr. Dheeraj Wankhede, learned Counsel appearing for the appellants/claimants would submit that the Claims Tribunal has committed legal error in deducting the amount of pension, i.e., Rs. 4,500 being paid to the appellants on the death of Mohammad Jaleel Qureshi. He would further submit that the multiplier applied by the Claims Tribunal is on lower side and it be enhanced suitably.

(3.) On the other hand, Mr. Anand Gupta, learned Counsel appearing for the respondent No. 3/Insurance Co. supported the award stating inter alia that the impugned award is strictly in accordance with law and no interference is called for in exercise of appellate jurisdiction under Section 173 of the M.V. Act.