KUSUMBAI Vs. SUNDERBAI

JUDGEMENT

(1.) THIS order shall also govern disposal of MA Nos. 3510/2009, 3514/2009 & 759/2010 as all the appeals arising out of one accident and all parties are also one and the same except claim cases are different.

(2.) SHORT facts of the case are that on 17.09.2005 deceased Jitendra was going in a Maruti Van bearing registration No. UP/78 -AL/5109 along with his friends Praveen Paliwal and Narayan Patidar. The car was being driven by Mohd. Moin Khan. It was alleged that when the Van in which the deceased persons were travelling reached to Dewas Road, at that time truck bearing registration No. Madhya Pradesh/09 -KA2850 which was being driven by respondent No. 2 and owned by respondent No. 1 and insured with respondent No. 3, was parked at the middle of the road. It was alleged that car in which deceased persons were travelling dashed with the truck make Tata 407 from the back side, with the result. Jitendra sustained grievous injuries while driver Mohd. Moin Khan, Praveen Paliwal and Ramnarayan died on the spot. It was alleged that offending car was owned by respondent No. 4 and insured with respondent No. 5. The claim petitions were filed in which owner and Insurance Company of the car and the vehicle Tata 407 were made a party. Claims petitions were contested by the respondents wherein liability was avoided on various grounds. After framing of issues and recording of evidence, learned tribunal allowed claim petitions and awarded compensation and held the respondents No. 1 and 2 owner and driver of "Tata 407" liable for payment of compensation exonerating other respondents against which the aforesaid appeals have been filed.

(3.) MR . Atul Jaiswal, Learned counsel for the appellant submit that the income of the deceased was assessed @ of Rs. 3000.00 per month and half of the amount has been deducted towards personal expenses and multiplier of 12 has been applied for calculating the loss of dependency. It is submitted that income of the deceased assessed by the learned tribunal, is on lower side and the deduction of half of the amount towards personal expenses is also on higher side because there were two dependents of the deceased. It is submitted that the amount awarded on other heads also on lower side.