HUSSAN BANO Vs. SUBHASH CHAND

JUDGEMENT

(1.) The appellants are the widow and six young children of deceased Imtiaz Ahmed who met with a fatal accident on 5/01/1992 caused by a DTC bus driven by respondent No.1. The appellants petition under Section 166 if the Motor Vehicle Act, was disposed if by learned MACT vide orders dated 23.12.2000 and a total compensation if Rs.2,65,000.00 was awarded to them. The appellants assails the computation and award of compensation and pray for enhancement if compensation amount.

(2.) I have heard the learned counsel fir the appellants and learned counsel fir respondent No.2. None appeared fir Driver, respondent No. 1. I have gone through the trial Court records.

(3.) The main grievance if the appellants against the computation if the compensation is that the learned MACT computed the compensation on the basis if the salary if Rs.3500/- per month ignoring the salary statement Ex.PW5/1 which had gone unchallenged and unrebutted. Accordiny to the said statement the salary if the deceaaed w.a.f. 1.1.1992 had already been raised to Rs.5000.00 par month plus Rs. 1000.00 or 50% of annual rent whichever ia less towards HRA, medical expenses upto 50 per cent if his salaro per annum on actual voucher basia and one month salary towarda LTA every year . It is also subcnitted that the multiplier applied by learned MACT was on lower aide. It is argued that the learned MACT failed to take into consideration the prospects if future increase in the income if the deceaaed and as such the compensation is required to be enhanced.