MANGLI BAI Vs. MEGHNATH DHRUV

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 18th August, 1992 in Claim Case No. 83 of 1991 passed by the Second Additional Motor Accident Claims Tribunal, Raipur.

(2.) The facts briefly are that on 31st May, 1991 at about 7.00 a.m. Banshilal Kewat working as a labourer in truck No. MP 23 B 3043 got killed when the truck met with an accident and toppled. The truck was insured with the Oriental Insurance Company Limited/respondent No. 3. The mother of deceased Banshilal Kewat namely Smt. Mangli Bai filed the aforesaid claim case before the Second Additional Motor Accident Claims Tribunal, Raipur claiming compensation of Rs. 3,05,000 (Rupees three lakh five thousand only) from the owner of the truck as well as the aforesaid Insurance Company. But by the impugned award, the said Tribunal awarded a sum of Rs. 69,120 (Rupees sixty-nine thousand one hundred and twenty only) with interest @ 12% per annum calculated from the date of application.

(3.) Mr. Ashok Soni, learned Counsel appearing for the appellant submitted that the age of the deceased was only 25 years at the time of death and therefore the multiplier of 17 should have been applied. But the Tribunal has adopted the multiplier of 16. He further submitted that the income of the deceased should have been taken as Rs. 30 per day and, therefore, the same would have worked out at Rs. 900 per month. But the Tribunal has adopted a lower income of the deceased and has taken a dependency of Rs. 400 per month which is on the lower side.