KAMLA RAJPUT Vs. VIJAY SINGH GUJAR

JUDGEMENT

(1.) Assailing the award dated 29.9.2007 passed by the Third Additional Motor Accidents Claims Tribunal, Hoshangabad in Claim Case No. 98 of 2006 on the point of inadequacy of the compensation and also challenging the finding of contributory negligence, 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. 75,79,734 on account of death of deceased Harisingh in an accident that took place on 7.3.2006. It was pleaded by the claimants, i.e., widow and children that the sole bread-earner of the family has died in the accident having his earnings from agriculture and milk vending, how-ever the 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 awarded the total sum of Rs. 2,69,800, out of which for loss of dependency Rs. 2,62,800 accepting the earnings of the deceased as Rs. 18,000 per annum, applying the multiplier of 18 and after deducting '/5th towards the personal expenses. The Claims Tribunal has also awarded some amount under conventional heads, i.e., funeral Rs. 2,000, consortium Rs. 5,000 by the impugned award. The Claims Tribunal has also recorded a finding of contributory negligence in the ratio of 50:50.