SUMAN SINGH & ORS Vs. RADHESHYAM AND ORS

JUDGEMENT

(1.) Assailing the award dated 25/8/2009 passed by the 4th Additional Motor Accident Claims Tribunal, Gwalior (MP) in Claim Case No. 18/08 on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 18,50,000/- on account of death of deceased Rustam Singh in an accident took place on 20/10/2007. It was pleaded by the claimant i. e. widwo and children that the earning member of the family has died in the accident having his earning from Advocacy, however the compensation as prayed in the claim petition may be awarded.

(3.) The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 3,91,000/- accepting the earning of the deceased Rs. 6000/- per month, applying the multiplier of 8 and after deducting 1/3 towards personal expenses. The Tribunal has also awarded some amount in conventional heads i. e. funeral Rs. 2000/-, in the head of love and affection and physical and mental pain Rs. 5000/- by the impugned award.