AWANTABAI Vs. USUF MOHAMMAD

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 28.7.2010 passed by Motor Accident Claims Tribunal, Ratlam in Claim Case No. 126/09. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,75,000 with interest to the claimants for the death of one Kamal who died in vehicle accident. According to claimants, 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 compensation 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 all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant 'sfavour are under challenge at the instance of any of the respondents such as owner/driver either by way of cross appeal or 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 appellant submits that in a motor accident which took place on 22.5.2007 one Kamal died. It is submitted that learned Tribunal after assessing the income @ Rs. 100 per day for 25 days in a month and after deducting l/3rd amount towards personal expenses, applied the multiplier of 13 for assessing the loss of dependency. It is submitted that income has been assessed on lower side and deduction of 5 days in a month is illegal. It is further submitted that deudction of 1 /3rd amount is on higher side and multiplier of 13 is on lower side, hence prayed that appeal be allowed and amount be enhanced.