RANI Vs. DURGESH

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 173 of the Motor Vehicles Act against an Award dated 24.3.2009 passed by learned Aditional Member, MACT, Indore in Claim Case No. 39 of 2009. By the impugned Award, the Claims Tribunal has awarded a total sum of Rs. 4,53,000 with interest to the claimants by way of compensation in the accident occurred on 13.2.2008, causing death of Rameshwar.

(2.) Appellants had preferred a claim petition under Sections 166 and 140 of the Motor Vehicles Act, seeking enhancement of the compensation to the tune of Rs. 20,00,000. According to the appellants compensation awarded by the Tribunal is on the lower side and deserves enhancement. However, by filing the appeal inadequacy of the compensation has been assailed.

(3.) Tribunal has awarded total sum of Rs. 4,53,000 assuming the earning of deceased Rs. 3,000 per month and applying the multiplier of 17 after deducting 1/3rd towards personal expenses. Rs. 4,08,000 in the head of loss of dependency, Rs. 5,000 towards consortium, Rs. 10,000 towards funeral expenses, Rs. 10,000 for love and affection to the kids and Rs. 20,000 towards love and affection to the parents.