KAUSHLIYA BAI Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE appellant/claimant has filed this appeal for enhancement of the amount of compensation awarded by the Claims Tribunal, Raipur, in Claim Case No. 21II997 vide award dated 30.11.1999.

(2.) THE deceased Chitrasen Tiwari was the son of the claimant. He was a truck driver. He died in an accident which took place on 02.3.1996 when the truck bearing Regn.No.M.P.23-D/3390 was dashed by the offending vehicle i.e., the truck bearing Regn.No. M.P.25-7796. The appellant/claimant filed claim petition u/s 166 of the Motor Vehicles Act pleading that the deceased was earning Rs. 5200/- per month and she claimed a sum of Rs.6,14,400/-.

(3.) THE learned Claims Tribunal recorded a finding that the deceased was earning Rs.2000/- per month and deducted 3/4th of Rs.2000/- towards the personal expenses of the deceased and determined dependency of the mother of the deceased to the extent of 1/4th of total earning that is to the extent of Rs.500/- per month and Rs.6000/- per year. By applying the multiplier of 15, the total dependency was worked out as Rs.90,000/- and ultimately an award of Rs.90,000/- was passed in favour of the appellant alongwith interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.