KAILASH Vs. AJMER SINGH

JUDGEMENT

(1.) This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 2.5.2008 passed by the Second M.A.C.T.. laora in Claim Case No. 32 of 2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,60,500 to the claimants for the death of one Kailash who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compen-sation awarded by the Tribunal that the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in com-pensation awarded by the Claims Tribunal on facts/evidence adduced is made out in compensation awarded and, if so, to what extent?

(2.) It is not necessary to narrate the en-tire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimants by Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or the insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is a death case. Learned counsel for appellants submits that in a motor accident which took place on 26.9.2001, one Kailash sustained inju-ries and after a long treatment he died on 12.6.2003. It is submitted that deceased was in the age group of 40-45 years. The learned Tribunal has assessed the loss of income to the family at Rs. 1,500 per month and applied the multiplier of 15 and awarded a sum of Rs. 3,60,500, break-up of which is as under: