MANOHAR MANIKRAO GHARPURE Vs. ANWAR KHAN

JUDGEMENT

(1.) Through this appeal the award of the Motor Accidents Claims Tribunal, Katni, in Claim Case No. 62 of 1989, dated 27.3.1996 has been challenged.

(2.) Briefly stated, the accident took place on 9.5.1989 when truck No. CPQ 6301, being driven rashly and negligently, dashed against a Fiat car No. MWZ 176. As a result of this head-on collision, deceased occupant of Fiat car died. The Claims Tribunal holds that the accident took place due to rash and negligent driving of the truck by its driver and there was no negligence by the driver of the Fiat car. At the time of accident, deceased was earning Rs. 3,000 per month. Against the claim of Rs. 3,000 per month as income, the Claims Tribunal holds that the deceased may be earning Rs. 1,500 per month and after deducting 1/3rd towards personal expenditure, yearly dependency has been fixed at Rs. 10,000. Consequently, after applying multiplier of 16, compensation amount of Rs. 2,50,400, carrying interest at the rate of 12 per cent per annum has been awarded. Claimants are not satisfied with this award, therefore, it has been challenged through this appeal.

(3.) Heard learned counsel for parties and perused the record.