KRISHNA WANTI Vs. B D BANSAL

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1983 against the award dated 28th March, 2003 praying for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal.

(2.) The appellant herein is the mother of Mr. Vijay Kumar. Mr. Vijay Kumar on 29th August, 1990 at about 9.45 p.m., while riding a bicycle was hit by an Ambassador car bearing Registration No. DBB-4029. He ultimately expired on 2nd September, 1990.

(3.) On the question of compensation the learned Tribunal found that there is nothing on record to prove and show that the deceased was earning between Rs. 3,000/- to Rs. 4,000/- per month as claimed. Mr. Vijay Kumar was running a Kirana shop on rent and the Tribunal held that it can be assumed that the deceased was earning about Rs. 1,500/- per month. The learned Tribunal thereafter taking into account the age of the claimant who was 57 years old, applied the multiplier of 8 and has awarded total compensation of Rs. 96,000/-. In addition a sum of Rs. 1,000/- was also awarded to her towards loss of love and affection and funeral expenses. Thus in all a sum of Rs. 1,00,000/- has been awarded. The learned Counsel for the appellant has submitted that the multiplier applied in the present case of 8 is low keeping in view the fact that the age of the deceased was 26 years at the time of the accident.