SHROMANI Vs. SONABAI

JUDGEMENT

(1.) This order shall also govern the disposal of MA Nos. 1500/2008; 1501/2008 filed by the claimants and MA Nos. 1077/2008; 1078/2008; and 1080/2008 filed by respondent No. 2/Insurance Company as all the appeals are arising out of one accident and also one award dated 5.1.2008 passed by MACT, West Nimar Mandleshwar in claim case No. 26/2007127,2007 and 28/2008.

(2.) Short facts of the case are that in the motor accident occurred on 13.1.2007 with tempo trax bearing registration No. MP 09-V/3139, which was being driven by driver, who passed away. The vehicle was owned by respondent No. 1 and insured with respondent No.2/Insurance Company. In the said accident Kailashchandra, Gulabbai and Khubchand, who were travelling in the said vehicle died. The accident occurred because of dashing with a static road roller. Therefore, claim petitions were filed by the claimants under section 163-A of the Motor Vehicles Act. In all the claim appeals the amount awarded is as under:

(3.) In all claim appeals filed by the claimants it is submitted that the amount awarded by the learned Tribunal is on lower side. It is submitted that in the matter of deceased Kailashchandra, income has been assessed @ Rs. 2200.00 per month and the multiplier of 11 has been applied whereas it should have been 13. It is submitted that deduction of ⅓rd amount is on higher side. Similarly, in the matter of deceased Gulabbai, the income has been assessed on notional basis and in the matter of deceased Khubchand the income has been assessed @ Rs. 18,000.00 per year. Learned counsel submits that in all the cases income of the deceased persons assessed, is on lower side. It is also submitted that on other heads the amount awarded is also on lower side.