RAJANIYA Vs. MOHD IQBAL AND ANOTHER

JUDGEMENT

(1.) This first appeal under Section 173 of Motor Vehicle Act, 1988 has been filed by claimant-appellant Smt. Rajaniya against Mohd. Iqbal and New India Insurance Company Limited against judgment and award dated 14.02.2003, passed by Motor Accident Claims Tribunal / District Judge, Kaushambi in Claim Petition No. 90 of 2011 in between Smt. Rajaniya and Mohd. Iqbal and another with this contention that Tribunal failed to appreciate the facts and law placed before it.

(2.) Deceased Ram Charan was doing job of Cobbler (Mochigiri) besides having agricultural land and income, hence he was earning Rs.3,000/- per month, but the Tribunal has conceded Rs.60/- per day amounting to Rs.18,00/- per month without any basics or reason. The Tribunal has disbelieved income of Rs.3,000/- per month of the deceased, which was proved by oral evidence on record. The Tribunal applied multiplier of 12 for the age of 40 years, whereas it should have been adopted multiplier of 16. Loss of future prospects of income of deceased was not taken into consideration. The Tribunal has not considered for consortium to wife of deceased nor the compensation towards funeral expenses. Loss of love and affection of the appellant has not been taken into consideration. The case laws furnished were not considered. The amount of compensation awarded i.e. Rs.1,72,800/- is quite low considering the age and nature of work of deceased. The interest awarded at the rate of Rs.6% was very low and insufficient. Hence, this appeal.

(3.) Heard learned counsel for both sides and gone through the impugned judgment.