SUMAN AND ORS. Vs. ANISA BEGUM AND ORS.

JUDGEMENT

(1.) These bunch of four first appeals from order arise out of a single accident, in terms whereof four persons travelling in a matador, expired and their legal heirs have filed the respective claim petitions. All four claim petitions were allowed by the claims tribunal by means of the award dated 09.09.2009 passed by the Special Additional District Judge (E.C.Act), Lucknow, acting as Motor Accident Claims Tribunal.

(2.) The claimants/appellants in all four appeals are aggrieved against the award and they have assailed the award seeking enhancement on the ground that the tribunal has erred in deducting 50% of the amount so awarded on the ground that the owner and driver of the other vehicle involved in accident was not impleaded whereas it was clearly a case of composite negligence and as such the claimants were required and entitled to receive the compensation from either of the joint tort feasors i.e. the respondents and thus the tribunal has erred in deducting the amount from the compensation so granted.

(3.) The other ground raised is that the multiplier in certain cases have been incorrectly applied and the deduction for personal expenses have been incorrectly made and in all the cases the future prospects have not been considered and the consortium is highly inadequate thus it is prayed that in all four appeals enhancement be allowed.