SHOBHARAM Vs. GOVINDARAO ANNEPU

JUDGEMENT

(1.) This appeal is filed by the appellants under section 173 of the Motor Vehicles Act, 1988 against an award dated 29.7.2008, passed by learned M.A.C.T., Ratlam in Claim Case No. 36 of 2006. By the impugned award, the Tribunal has awarded a total sum of Rs. 1,37,000 along with interest at the rate of 6 per cent per annum, arising out of motor accident occurred on 19.1.2006, causing death of Bardibai.

(2.) The appellants had filed the claim petition under sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 10,00,000. It is pleaded by the claimants i.e., widower, kids, father and mother that the sole bread-earner of the family has died in the accident, how-ever, the compensation as prayed in the claim petition may be awarded.

(3.) The Tribunal has awarded the total sum of Rs. 1,37,000, out of which for loss of dependency Rs. 1,10,000, accepting the earnings of the deceased at Rs. 1,500 per month, applying the multiplier of 11 and after deducting '/3rd for personal expenses. In conventional heads, i.e., for the funeral Rs. 2,000, for loss of consortium Rs. 5,000, while Rs. 20,000 has been awarded for conveyance because the dead body has been brought from Katak to Ratlam. Ac-cording to the appellants the compensation granted by the Tribunal in the impugned award is inadequate and on lower side, which is liable to be enhanced.