MADHU SHRIVASAVA Vs. AKRAM KHAN

JUDGEMENT

(1.) Assailing the award dated 31st July, 2008 passed by the 12th Additional Motor Accident Claims Tribunal (Fast Track Court), Gwalior in Claim Case No. 132/2007 on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988. The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 41,80,896/- on account of death of deceased Pradeep Kumar Shrivastava in an accident took place on 19th September, 2007. It was pleaded by the claimants i.e., wife and kids that the earning member of the family has died in the accident having his earning from the job in M.P. Electricity Board, however the compensation as prayed in the claim petition may be awarded.

(2.) The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 13,67,000/- accepting the earning of the deceased Rs. 1,33,200/- per annum, applying the multiplier of 15 and after deducing 1/3 towards personal expenses. The Tribunal has also awarded some amount in conventional heads i.e., funeral Rs. 10,000/-, in consortium Rs. 10,000/- and in love and affection Rs. 15,000/- by the impugned award.

(3.) As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e., owner, driver or Insurance Company by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.