NEELU Vs. RADHESHYAM MALVIYA

JUDGEMENT

(1.) This order shall govern the disposal of Misc. Appeal No. 823 of 2008 since both the appeals arise out of common award passed by the Claims Tribunal, Indore. In Claim Case No. 209/2006 Raja is the injured and in claim case No. 210/2006 Premnarayan Yadav is the deceased.

(2.) In Claim Case No. 210/2006 wherein Premnarayan Yadav has died. The Tribunal has awarded a sum of Rs. 4,19,500/- out of which the earning of the deceased has been accepted as Rs. 3,000/- per month. After deducting 1/4th towards personal expenses, applying the multiplier of 16 looking to his age as 36 years Rs. 4,00,000/- has been awarded towards loss of dependency and Rs. 19,500/- in the head of other expenses.

(3.) Learned counsel appearing on behalf of the appellants has argued that the amount so awarded is inadequate and meager, which may be enhanced in both the cases. While the owner contends that the liability of pay and recover as directed by the Tribunal is improper, which may be modified in view of the verification reports submitted by the Insurance Company itself.