SHYAMLAL Vs. MADHU

JUDGEMENT

(1.) Present appeal is against the award dated 23.4.2007 passed by Motor Accident Claims Tribunal, Balaghat in Claim Case No. 25/2006, whereby Claims Tribunal allowed the Claim Petition by the Appellants and awarded the sum of Rs. 50,000/- in lieu of death of Naresh, aged 16 years, who died in an accident on 20.4.2005 when the tractor bearing registration No. MP 05-M-0189 in which he was traveling turned turtle. The tractor was allegedly driven rashly and negligently by Respondent No. 2. The Claims Tribunal holding that the deceased was not an earning member did not apply the multiplier and awarded the minimum compensation of Rs. 50,000/-.

(2.) In the present appeal only quantum of compensation is being questioned, therefore, the factum of accident, the age of deceased and the fact that he died due to accident which took place on 20.4.2005 are taken to be admitted.

(3.) The Appellants claimants question the quantum of compensation on the ground that the Claims Tribunal committed an error by not properly assessing the income of the deceased and by applying wrong multiplier. Reliance is placed on the judgment rendered by U.P. State Road Transport Corporation v. Trilok Chandra and Ors., 1996 4 SCC 362 and Manju Devi and Anr. v. Musafir Paswan and Anr., 2005 ACJ 99 to bring home the submission that, maximum multiplier ought to have been adopted by taking the notional income into consideration.