VIDYA DEVI JAIN Vs. RAM HET

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimants seeking enhancement in the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Gwalior.

(2.) THE deceased was one Narayan Das. Originally the claim petition was preferred by 4 claimants being respectively the widow, the daughter, the son and the mother of the deceased. However, the daughter died during the pendency of the claim before the Tribunal and her name was deleted thereat. The son has died during the pendency of this appeal and the application seeking striking out his name from the array of the appellants was filed before this court. That application is allowed as not opposed. The counsel for the appellants shall carry out the amendment in the cause title within 3 days, failing which the office shall carry out the amendment.

(3.) THE Tribunal has, upon appreciation of the extensive evidence adduced, found that the deceased was earning Rs. 400/ - per month, out of which he could be taken to be spending Rs. 200/ - per month on himself and thereby contributing the remaining Rs. 200/ - to his family consisting of the claimants. The Tribunal adopted a multiplier of 8 and thereby arrived at the figure of Rs. 200/ - (Sic. Rs. 19,200/ - ) as compensation payable to the claimants.