MUNNI BHADORIYA Vs. RAJU SHAH

JUDGEMENT

(1.) Assailing the award dated 12.09.2017 passed by Ninth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 55/2016, on the point of inadequacy of the compensation, this appeal has been preferred by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988.

(2.) Since the Tribunal has found that the accident has occurred and in the accident Bhura @ Raghvendra Singh Bhadoriya has died, therefore, it is not necessary to narrate the entire facts in detail as to the manner the accident has occurred, to burden the judgment on the said issues. This appeal is being decided only on the point of inadequacy of the compensation.

(3.) In this appeal, learned counsel for the claimants prayed that the amount of compensation awarded by the Claims Tribunal is on lower side. It is submitted that the deceased was aged around 24 years at the time of accident, despite the Tribunal has applied multiplier of 15 whereas in the light of the judgment passed in Smt. Sarala Verma and others vs Delhi Transport Corp. and anothers, 2009 6 SCC 121, the multiplier of 18 ought to have been applied. It is further submitted that the parents of the deceased were unemployed and were suffering from various ailments and were dependent only upon the deceased. Immediately after the accident the deceased was hospitalized and remained there till his death on 15.2.2016. The Tribunal has not awarded total medical expenses, which are rounded as Rs.50000/-. The Tribunal has also committed error of fact in presuming Rs.4500/- as monthly income of the deceased, while as per Collector's rate prevailing at the relevant time, the deceased's monthly income was more than Rs.4500/-. No amount under future prospect has been awarded and the amount awarded against conventional heads is very less. Hence, the amount under award should be enhanced reasonably.