DURJAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short, the Tribunal') vide award dated 3rd September, 2002, passed in Claim Case No. 172/2002. As against the compensation of Rs. 12,36,000/- claimed by the appellants/ claimants, unfortunate parents and brother of deceased Virendra @ Jitendra Dhruv by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the moor accident on 27th April, 2001, the Tribunal awarded a total sum of Rs. 1,06,000/- as compensation alongwith interest @ 8.5% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) Shri D.R. Minz, learned Counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs. 1,300/- per month; in selecting the lower multiplier of 10; and in awarding low compensation of Rs. 1,06,000/- only.

(3.) Shri Deepak Gupta, learned Counsel for respondent No.3. The New India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs. 1,06,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case as the claimants could not establish any regular income of the deceased.