LAWS(MPH)-2011-12-69

REKHA BAGHEL Vs. NISHAR AHMAD KHAN

Decided On December 13, 2011
Rekha Baghel Appellant
V/S
Nishar Ahmad Khan Respondents

JUDGEMENT

(1.) Assailing the award dated 17.4.2007, passed by the learned Motor Accidents Claims Tribunal, Seoni, in M.V.C. No. 8 of 2006 on the point of inadequacy of compensation, the appellants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988.

(2.) The appellants had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 64,54,000 on account of death of deceased Rajjan Singh in an accident that took place on 16.5.2005. It was pleaded by the claimants, i.e., widow, kids, father and mother that the sole bread-earner of the family has died in the accident having his earnings from job of accountant in Forest Department, however, the compensation as prayed in the claim petition may be awarded.

(3.) The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 10,69,500, out of which for loss of dependency Rs. 10,50,000 accepting the earnings of the deceased as Rs. 9,536 per month, applying the multiplier of 15 and after deducting '/3rd towards the personal expenses. The Tribunal has also awarded some amount under conventional heads, i.e., consortium Rs. 5,000, loss of love and affection Rs. 10,000, for funeral expenses Rs. 2,500, loss to estate Rs. 2,000 by the impugned award.