PREM SINGH & OTHERS Vs. SUBHASH

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicle Act, 1988 has been filed by Prem Singh and 6 others/appellants-claimants against Subhash and 2 others/respondents-opposite parties, against the judgement and award dated 27.11.1999 passed by IIIrd District Judge/Motor Accident Claim Tribunal, Muzaffarnagar in Motor Accident Claim Petition No. 234 of 1997 (Prem Singh and six others Vs. Subhash and two others), with this contention that tribunal failed to appreciate the facts and law placed before it.

(2.) The settled law with regard to determination of prospective age of the deceased has been completely ignored by the Tribunal. Only Rs. 90,000/- has been awarded which is wholly inadequate and against the principle of determination of compensation and also against the evidence on record. The monthly income of the deceased was Rs. 1,250/- as against the unrebutted and proved evidence on record that the monthly income of the deceased was in no way less than Rs. 1,500/-. There was increasing trend in income of the deceased from year to year. The learned Tribunal has erred in holding otherwise. Multiplier of "9" applied by the Tribunal at the place of "18" given in the Schedule is also erroneous. No reason for non grant of consortium and loss of estate has been recorded. The funeral expenses has not been given hence, this appeal for setting aside the impugned award and allowing the claim petition.

(3.) Heard learned counsels for both sides.