SUSHMA MANDLOI Vs. SUKHDEEP SINGH

JUDGEMENT

(1.) This order shall govern the disposal of M.A. Nos. 1395 and 1821 of 2008. M.A. No. 1395 of 2008 has been filed by the claimants seeking enhancement of compensation; however, M.A. No. 1821 of 2008 has been filed by the insurance company assailing the quan-tum, as awarded by the Claims Tribunal. Both the appeals arising out of the award dated 3.3.2008, passed by the Sixteenth Member, Motor Accidents Claims Tribu-nal (Fast Track), Indore in Claim Case No. 123 of 2006, whereby in a death case the Claims Tribunal has awarded a total sum of Rs. 18,91,940 with interest at the rate of 6 per cent per annum.

(2.) Appellants-claimants had filed the claim petition under section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 50,00,000. It is pleaded by the claimants, i.e., widow, kids and mother, that the sole bread-earner of the family has died in the accident who was having his earning from service, however, the compensation as prayed in the claim petition may be awarded.

(3.) The Tribunal has awarded the total sum of Rs. 18,91,940 out of which for loss of dependency Rs. 18,83,440, accepting the earnings of the deceased Rs. 2,17,320 per annum, applying the multiplier of 13 and after deducting '/3rd towards personal expenses. Under conventional heads, i.e., funeral Rs. 2,000, for loss of consortium Rs. 5,000 and for loss to estate Rs. 2,500 has been awarded. According to the appel-lants the compensation granted by Claims Tribunal in impugned award is inadequate and on lower side, which is liable to be enhanced.