LAWS(CHH)-2009-11-44

BHARTI DHADA Vs. TAPAS @ RAMPAD MALIK

Decided On November 13, 2009
BHARTI DHADA Appellant
V/S
TAPAS @ RAMPAD MALIK Respondents

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 08.05.2003, passed in Claim Case No. 169/2002.

(2.) AS against the compensation of Rs. 22,00,000/-, claimed by the Appellants/claimants, unfortunate parents of deceased Sujit Kumar Dhada, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 04.10.2002, the Tribunal awarded a total sum of Rs. 1,22,000/-as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) SHRI Aditya Khare, learned Counsel for the Appellants submitted that the Tribunal has erred in not accepting the claimants evidence about the income of the deceased and in assessing his income at Rs. 1,500/- per month and Rs. 18,000/-per annum only; in selecting lower multiplier of 10; and in awarding low compensation of Rs. 1,22,000/- only.