RAJNI SUDHAKAR MANE Vs. GOVIND

JUDGEMENT

(1.) This appeal is directed by the claimants against the award dated 22.12.1992 passed by Fourth Additional M.A.C.T., Dewas, in Claim Case No. 65 of 1993.

(2.) Claimants' case, in brief, was that on 14.2.1992, at 6 p.m. the deceased, Sudhakar Shanker Mane, husband of appellant No. 1 and father of appellant Nos. 2 and 3 was coming to his house from the factory on his scooter. In Ram Bag, respondent No. 1 Govind, came from opposite direction, driving truck No. MBI 9535, belonging to respondent Nos. 2 and 3 and insured with respondent No. 4, in a rash and negligent manner and dashed against him as a result of which he died. His age was 42 years and he was earning Rs. 72,090 per year from Hind Filters, where he was serving as Additional Production Manager. The claimants filed claim case seeking compensation of Rs. 14,25,000. The respondents resisted the claim. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the truck No. MBI 9535 as a result of which deceased Sudhakar Mane sustained injuries, and died and awarded compensation of Rs. 3,00,000. Being aggrieved of the compensation amount, the claimants have preferred this appeal.

(3.) Mr. G.K. Neema, learned counsel for the appellants, submitted that the learned Tribunal in para 10 of the award held that the yearly earnings of the deceased was Rs. 72,090 but without determining the dependency and applying multiplier, arbitrarily awarded Rs. 3,00,000. He submitted that compensation amount is hopelessly low. On the other hand, Mr. Surjeet Singh, learned counsel for respondent No. 4, insurance company, argued that the compensation awarded by the Tribunal is just and proper.