KANHAIYALAL Vs. GAMMU AND ANOTHER

JUDGEMENT

(1.) THIS appeal arises out of the award by the M. A. C. Tribunal, Indore in Claim Case No. 95/91, dated 31-1-1996.

(2.) THE claimants arc father, mother, brothers and sister of the deceased Deepak Kumar, who died in the motor accident on 9-12-2000 at M. G. Road, Indore, when the Watertanker MEN 3900 owned by the Municipal Corporation, Indore, driven by Gammu hit him. At the time of the accident the deceased was 26 years old, carrying on cloth merchant shop under the name and style M/s Rajdeep Cloth Stores, Indore, earning Rs. 6,000/- per month. His younger brother Lokesh was also injured in this accident and the Claims Tribunal has awarded him compensation assessing his income at Rs. 1,500/- per month. In this case, the Claims Tribunal has awarded a lump-sum compensation of Rs. 50,000/ -. The claimants are not satisfied with this award, therefore, it has been challenged through this appeal.

(3.) KANHAIYALAL is father of the deceased. He states that the deceased had his own shop, out of which he was earning Rs. 6,000/- per month and giving Rs. 5,000/- to the family. Both the parents are stated to be carrying on their own shop. It is found that the deceased had his own shop and was earning income out of it. It may be that he was not earning Rs. 6,000/- per month, however, it can not be said less than Rs. 3,000/-, looking to the nature of the business and location of the shop in an important place of the town, therefore, it would be just and reasonable to fix his monthly income at Rs. 3,000/ -. After deducting 1/3rd towards personal expenditure, monthly dependency will come to Rs. 2,000/- yearly Rs. 24,000/ -. On the date of the accident he was 26 years old, therefore, the proper multiplier in this case should be 18. That apart, the claimants shall be entitled to Rs. 5,000/- for loss of expectancy of life, Rs. 2,000/- for funeral expenses. Thus calculated, total compensation payable in this case comes to Rs. 4,39,000/ -. The enhanced compensation will carry interest @ 9% from the date of the application till realisation. It may be paid within two months. The amount shall be distributed as follows :- (1) Father and mother 40% each; (2) Each brother 7. 5%; (3) Sister 5%