SHEELA DEVI Vs. DEVRAJ PATEL

JUDGEMENT

(1.) Assailing the award dated 6th February, 2008 passed by the 1st Motor Accident Claims Tribunal, Gwalior in Claim Case No. 86/2007 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 enhanced compensation to the tune of Rs. 2,00,000/- on account of death of deceased Vinod Valmiki in an accident took place on 23rd November, 2006. It was pleaded by the claimants that the earning member of the family has died in the accident having his earning of Rs. 6,000/- per month, 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. 4,73,928/- accepting the earning of the deceased Rs. 5,442/- per month, applying the multiplier of 15 and after deducing 1/3rd towards personal expenses and also deducted 30 percent of the amount towards contributory negligence. The Tribunal has also awarded some amount in conventional heads i.e., funeral Rs. 4,000/-, in consortium Rs. 24,000/- 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.