FAHIM TABASSUM Vs. SANDEEP

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "M.V.Act"), by the Original Claimants for enhanced compensation. The Appellants preferred the Claim Petition No.61/2012 before the learned Motor Accident Claims Tribunal, Akola (for short "Tribunal) under Sec. 166 of the M.V. Act, contending that, deceased Shaikh Anisoddin, who was the husband of Appellant No.1, father of Appellant Nos. 2 to 6 and son of Appellant no.7, met with the motor- vehicular accident on 14/11/2011 when he was travelling on the motor-cycle, which was dashed by the Taxi which was being driven by Respondent no.1 and insured with Respondent no.2. The Appellants led the evidence before the learned Tribunal, and by the above referred Judgment and Award, the Tribunal determined compensation of Rs.13,96,000.00 with interest @ Rs.7.5% per annum from the date of application till realisation of the entire amount.

(2.) It is submitted by the learned Advocate for the Appellants that, the Appeal is preferred only on the ground of quantum. The learned Tribunal did not considered the Salary Certificate of the deceased appropriately. The only deductions from the salary should be towards the Income Tax and the Professional Tax. Considering the number of dependants, the deduction towards personal and living expenses should be 1/5th. Considering the age of the deceased as 43 years, the multiplier would be that of 14. It is submitted that, the compensation be appropriately determined.

(3.) None for the Respondent no.1 though served.