ANITA Vs. BRAJBHUSHAN CHATURVEDI

JUDGEMENT

(1.) Assailing the award dated 31st October, 2007 passed by the 4th Member Motor Accident Claims Tribunal, Chhatarpur in Claim Case No. 36/2006 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. 25,00,000/- (' Twenty five lac only), on account of death of deceased Mata Prasad in an accident took place on 7th May, 2006. It was pleaded by the claimants i.e., widow, kids, father and mother that the sole bread earner of the family has died in the accident having his earning from agriculture and working in Tyre Shop at Chhatarpur and getting Rs. 2,000/- 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. 2,70,000/- only, out of which in loss of dependency Rs. 1,500/- accepting the earning of the deceased Rs. 2,000/- per month, applying the multiplier of '16' and after deducting 1/4 towards personal expenses. The Tribunal has also awarded some amount in conventional heads i.e. funeral Rs. 2,000/- by the impugned award.

(3.) As the incident occurred, negligence of driver, 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 cross-case under Order XLI, Rule 22 CPC has been filed by respondent No. 3 on the ground of contributory negligence and Tribunal has not adjudicated this point and has fastened the liability without any ground.