LAWS(MPH)-2011-12-71

KUSUM KALI SEYAM Vs. BALWANT SINGH

Decided On December 13, 2011
Kusum Kali Seyam Appellant
V/S
BALWANT SINGH Respondents

JUDGEMENT

(1.) Assailing the award dated 22.9.2007 passed by Eleventh Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 181 of 2005 on the point of inadequacy of the compensation, the appellants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988.

(2.) Appellants had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 16,10,000 on account of death of deceased Parsadi Lai in an accident that took place on 21.2.2005. 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 the job of Upper Division teacher, however compensation as prayed for in the claim petition may be awarded.

(3.) The reply to the claim petition was filed and after recording the evidence, the Claims Tribunal has award ' ed the total sum of Rs. 1,74,300 out of which for loss of dependency Rs. 1,60,000 accepting the earnings o;" the deceased to be Rs. 1.5,000 per annum, applying the multiplier of 16 and after deducting 7/3 rd towards personal expenses. The Claims Tribunal has also awarded some amount under conventional heads, i.e., funeral Rs. 2,000, consortium Rs. 5,000, publication Rs. 1,800, transportation Rs. 3,000 and loss to estate Rs. 2,500 by the impugned award.