LEELABAI Vs. RAMESH

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 20.12.2010 passed by Additional MACT, Sardarpur, Distt. Dhar in claim case No. 25 /10. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 3.93,000 with interest to the claimants for the death of one Ramesh, who died in vehicle accident. According to claimants, the compensation awarded is on lower side and, hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that prises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent ?

(2.) IT is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants ' favour are under challenge at the instance of any of the respondents such as owner/driver or Insurance Company either by way of cross -appeal or cross - objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) LEARNED Counsel for the appellants submit that the learned Tribunal assessed the income of the deceased @ Rs. 3,000 per month and after deducting 1/3rd towards personal expenses applied the multiplier of 16. It is submitted that in a death case which took place in the year 2009 income of the deceased assessed by the learned Tribunal is on lower side. It is submitted that the deduction of 1/3rd towards personal expenses is also on higher side. It is submitted that on other heads also amount awarded is on lower side. It is submitted that the appeal filed by the appellants be allowed and the amount of compensation be enhanced.