RAMKHA Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This appeal is filed by appellants under section 173 of the Motor Vehicles Act against an award dated 30.11.2007, passed by learned Additional Member, M.A.C.T., Alirajpur, District Jhabua in Claim Case No. 293 of 2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 13,57,184 with interest at the rate of 6 per cent, arising out of an accident which occurred on 29.5.2006, causing death of Bherusingh. Appellants had filed the claim petition under sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 35,00,000. It is stated that the deceased Bherusingh was an assistant teacher who died in a road accident arising out of a motor vehicle on 29.5.2006.

(2.) The Tribunal has awarded the total sum of Rs. 13,57,184, out of which for loss of dependency Rs. 13,25,184, accepting the earning of the deceased as Rs. 10,353 per month, applying the multiplier of 16 and after deducting 1/3rd towards personal expenses. Under the conventional heads, Rs. 2,000 for funeral expenses, Rs. 5,000 for loss of consortium and Rs. 25,000 for loss to estate have been awarded.

(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.