NAWABUDDIN Vs. RAMESH CHAND

JUDGEMENT

(1.) BY way of the present appeal the appellant seeks to challenge the impugned Award dated 05. 05. 2006 whereby a sum of Rs. 2,88,400/- has been awarded in favour of the appellants. Brief summary of the facts to deal with the contentions raised in the present appeal are:-On 22. 08. 2004, at about 7:45 pm, Shri Nadeem was going to Sadar Bazar from Uttam Nagar, on his two-wheeler scooter, at a slow speed observing all traffic rules and regulations, and when reached near Distt. Centre Janakpuri, flyover, then at that very time, Bus No. DL-1pa-6163, driven by Shri Ramesh chand rashly and negligently came from the side of Vikas Puri and hit the scooter of the deceased. As result of the impact Shri Nadeem fell on the road with the Scooter and front wheel of the offending bus ran over the head of the shri Nadeem and he died on the spot of the accident.

(2.) MR. Manish Mannie, counsel appearing for the appellants has raised two contentions. The first is that an appropriate multiplier has not been applied by the Tribunal considering the age of the appellants. The contention of the counsel for the appellants is that admittedly the age of the appellant No. 1 as on the date of the accident was about 56 years and of the mother, appellant No. 2 about 50 years as per the election identity cards placed on record by the appellants and if average age of both the parents is taken into account then the appropriate multiplier as per the Second Schedule of the Motor Vehicles Act would be 11 in place of 8 as determined by the Tribunal. Counsel for the appellant further contends that only a meager amount of Rs. 5,000/- has been awarded towards loss of love and affection, which as per the counsel at least should have been Rs. 25,000/- each.

(3.) I have heard learned counsel for the appellant and have perused the record.