SHASHI RAGHUVANSHI Vs. MEHBOOB KHAN

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants against the award dated 12.2.2009 passed by the Fourth Additional Member, Motor Accidents Claims Tribunal, Indore (M.P.), in Claim Case No. 55 of 2007.

(2.) One Amar Singh Raghuvanshi had died in the vehicular accident, which had taken place on 23.7.2006, therefore, the appellants being the dependants of the deceased had filed the claim petition before the Tribunal. The Tribunal assessed the income of the deceased as Rs. 11,753 and after deducting '/3rd towards self expenses, the Tribunal calculated the monthly loss of dependency as Rs. 7,835 and annual loss of dependency as Rs. 94,020. The Tribunal found age of the deceased as 48 years and applied the multiplier of 13. Thus Claims Tribunal calculated the total loss of dependency at Rs. 12,22,260. The Tribunal further awarded a sum of Rs. 5,000 to the wife under the head of loss of consortium, Rs. 2,000 towards funeral expenses and Rs. 2,500 towards loss to estate. Thus the Tribunal awarded a sum of Rs. 12,31,760 along with interest at the rate of 6 per cent from the date of application till realization.

(3.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle and the issue of liability as to who is liable to pay compensation. The Tribunal has already recorded the findings on these issues in favour of the appellants. None of those findings have been assailed at the instance of the respondents, i.e., owner/driver/insurance company by filing cross-appeal or cross-objection. Thus, it is not necessary to burden the judgment by detailing the facts on the said issues.