JAYSINGH Vs. SUNDERI DEVI

JUDGEMENT

(1.) Heard Shri C. V. Kale, learned advocate for appellants and Shri C. A. Anthony, learned advocate for respondent No.2.

(2.) The only issue arisen in this appeal is about the sufficiency of the compensation granted by the Motor Accident Claims Tribunal, Nagpur. The deceased Upendra Singh Kalsi was carrying on two businesses, one as a partner in M/s. Ganga Borewells. The business from the said partnership firm was not at all considered which is challenged by the original claimants and second business is M/s. Kalsi Roadlines on Proprietary basis. The deceased was getting Rs.4,000/- per month.

(3.) There is also objection to the manner of calculation. The deceased was a bachelor having age of 24 years. He was contributing towards the family from his personal earnings. The logic applied by the Claims Tribunal that "the deceased will continue to contribute only for three years (that is up to the stage of possible marriage)" is challenged. So also, the observation of the Claims Tribunal that "there will be reduction in the share towards contribution in the contingency of children begotten to the deceased" is challenged. There is also challenge that the Claims Tribunal applied the multiplier of 13 but failed to give effect.