BHAY KUWAR Vs. SUBHASH

JUDGEMENT

(1.) is appeal has been filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 28.6.2008, passed by learned First Additional M.A.C.T., Shajapur, in Claim Case No. 38 of 2008. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,59,000 with interest arising out of an accident occurred on 4.5.2007 causing the death of Bahadur-singh.

(2.) The appellants had filed the claim petition under sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 15,00,000. It is pleadedby the claimants, i.e., widow, son and mother that the sole bread-earner of the family has died in the accident, however, the compensation as prayed in the claim petition may be awarded.

(3.) The Claims Tribunal has awarded a total sum of Rs. 1,59,000 out of which Rs. 1,44,000 has been allowed in the head of loss of dependency assuming the earnings of the deceased Rs. 3,000 per month only, which annually comes to Rs. 36,000. The Tribunal accepting the annual loss of dependency to be Rs. 12,000, applied the multiplier of 12 accepting the age of the deceased in between 50-55 years whilefor pain and suffering Rs. 2,000 has been allowed, for funeral expenses Rs. 2,000, towards loss of consortium Rs. 5,000 and Rs. 6,000 for loss of love and affection to each of the claimants.