HATANATH AND OTHERS Vs. MUKESH DHAKAD AND OTHERS

JUDGEMENT

(1.) Being aggrieved by the award dated 21-9-2007 passed by II MACT, Fast Track Court, Jaora in claim case No. 264/06 whereby the claim petition filed by the appellants was allowed and compensation of L 2,49,300/- was awarded on account of death of one Prabhubai in a motor accident which took place on 21-10-2006, the present appeal has been filed.

(2.) Short facts of the case are that appellants filed a claim petition before the learned tribunal alleging that on 21-10-2006 deceased Prabhubai was travelling in the tractor bearing registration No. MP 14 B 4780 which was being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent No. 1, Prabhubai fell down and passed away. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 3 on various grounds including on the ground that since the deceased was fare paying passenger, therefore respondent No. 3 is not liable for compensation. After framing of issues and recording of evidence learned tribunal allowed the claim petition and awarded a sum of L 2,49,300/- break-up of which is as under : <FRM>JUDGEMENT_185_LAWS(MPH)12_2012_1.html</FRM>

(3.) Learned counsel for appellant submits that for the purpose of computation of loss of dependency learned tribunal after assessing the income on notional basis, deducted 1/3rd towards personal expenses and applied the multiplier of 16. It is submitted that deceased was hospitalised for a month but only a sum of L 35,350/- has been awarded on account of pecuniary losses. It is submitted that appeal be allowed and amount be enhanced.