ASHABAI Vs. WASIM

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 7.5.2010 passed by MACT. Indore, in claim case No. 82/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,22,000/ - with interest to the claimants for the death of one Manish, who died in vehicle accident. According to claima nts, 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 arises for consideration is whether any case for enhancement in compeasation 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 claimant's favour are under challenge at the instance of any of the respondent such as owner/driver or insurance company either by way of cross -appeal ar 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 (a) Rs. 4.000/ - per month and after deducting 1/2 towards personal expenses applied the multiplier of 13. It is submitted that the income assessed is on lower side as the deceased was Field Officer with Pragati Developer, from where he was getting salary of Rs. 7.000/ - per month. It is submitted that apart from this deceased was agent of Maxima Neyok Insurance Company, from where the deceased was getting commission. It is submitted that in the relevant year Rs. 11.635/ - was deducted on account of TDS which goes to show income of the deceased. It is submitted that the appeal filed by the appellants be allowed and the amount of compensation be enhanced.