ANITABAI Vs. ATIK KHAN

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 173 of the Motor Vehicles Act against an Award dated 13th April, 2009, passed by learned 2nd Additional Member, MACT, Khargone (West Nimar) in Claim Case No. 153/2008. By the impugned Award, the Claims Tribunal has awarded a total sum of Rs. 1,88,000 with interest @ 6%, arising out of an accident occurred on 20th September, 2007 causing death of Durga Shankar Gujar.

(2.) Appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, seeking enhancement of the compensation to the tune of Rs. 20,00,000. It is pleaded by the claimants (i.e. wife, son, daughter, father and mother) that their bread earner has died in the accident having his earning from agriculture and cleaner work; however, the compensation as prayed in the claim petition may be awarded.

(3.) The Tribunal has awarded the total sum of Rs. 1,88,000, out of which in loss of dependency Rs. 1,70,000, accepting the earning of the deceased 15,000 per annum applying in the multiplier of 17 and after deducting 1/3 towards personal expenses. In conventional heads i.e., funeral expenses, consortium and love and affection Rs. 18,000 has been awarded. Mr. Sameer Verma, learned Counsel appearing on behalf of the appellant submits that the deceased was aged 35 years, as per post-mortem report, on the date of accident i.e., 20th September, 2007 and was having agriculture. He was performing work of cleaner, as is apparent from the certificate of Satyam Transport Company, Ext. P/5 and earning Rs. 3,000 per month along with Rs. 50 per day as allowances. In view of the said submission it is urged that the notional earning as accepted by the Tribunal is Rs. 15,000 per annum and after deducting l/3rd towards personal expenses and applying multiplier of 17 the compensation allowed by the Tribunal is inadequate. It is also contended by him that because the number of dependents are five; however, towards personal expenses l/4th deduction ought to have been made. In view of the above, prayer is made to enhance the compensation by allowing this appeal.