MUNNA KHAN Vs. JALIL AHMAD QURESHI

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 630 of 1999 dated 27.4.2000.

(2.) Accident took place on 15.10.1999 when the truck No. MP 09-KB 5298 driven rashly and negligently by the respondent No. 1 hit the deceased, who was cleaner of the truck and was guiding it. As a result of this accident the deceased, who was 20 years old, died. The claimants are legal heirs of the deceased. Compensation of Rs. 6,50,000 is claimed. Defence taken by the respondent is that the accident did not take place in the manner alleged. Therefore, the claim is liable to be dismissed. It is also alleged that the driver did not possess valid driving licence at the time of the accident. Claims Tribunal has found that the accident took place in the manner alleged by the claimants in which deceased died due to injuries suffered by him. Fact that the driver did not possess the valid driving licence has not been proved by the insurance company. As a result, compensation of Rs. 1,54,500 carrying interest at the rate of 12 per cent per annum from the date of presentation of the claim application till payment has been awarded besides Rs. 500 as costs of litigation. The claimants are not satisfied with this award, hence this appeal.

(3.) Mr. Chawla, learned counsel for the appellants, submits that the Tribunal has not awarded just compensation in this case. Proper multiplier has not been utilised so the income of the deceased has not been assessed properly. To bring home the point the learned counsel for the appellants submits that the deceased was cleaner in the truck, he was receiving Rs. 1,000 by way of allowance and Rs. 2,500 by way of salary, total amount Rs. 3,500 per month. This fact is supported by salary statement issued by the employer available on the record.