NARMADA PRASAD CHOURE Vs. NANAKRAM PAVAR

JUDGEMENT

(1.) Assailing the award dated 24.9.2010 passed by the Motor dents Claims Tribunal, Hoshangabad in Claim Case No. 44 of 2010 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. 23,97,800 on account of death of deceased Rukmani Bai Choure Guddi Bai in an accident that took PLACE on 15.1.2010. It was pleaded by the claimants, i.e., husband and children of the deceased that the earning member of the Family has died in the accident having her earnings from sewing and tailoring, however the compensation as prayed for in the claim petition may be awarded.

(3.) The reply to the claim petition was filed and after recording the evidence, the Tribunal accepted the total dependency of Rs. 9.79.200 accepting the earnings of the deceased as Rs. 57,600 per annum applying the he multiplier of 17. In view of the finding of contributory negligence to the extent of 40:60, after deducting 40 pertowards contributory negligence the Tribunal has awarded Rs. 5,87,520 towards totaal loss of dependency. The Tribunal has further added Rs. 15,000 in conventional heads making the total payable compensation Rs. 6,02,520.