PYARELAL Vs. DRIVER ANGAD

JUDGEMENT

(1.) IN this appeal preferred under section 173 of the Motor Vehicles Act, 1988, the claimants-appellants have assailed the award passed by the Motor Accident Claims Tribunal, Katni (in short 'the Tribunal').

(2.) THE facts which are discernible from the order of the Tribunal are that the deceased, Dalchand was travelling in a bullock cart on 7.7.1995 and a vehicle, a truck bearing registration No. MP-20-0878 dashed against him as a consequence of which he breathed his last. The present appellants who are the dependents instituted the claim case No. 41/95. The Tribunal came to hold that the income of the deceased to the family was Rs. 5,400/- per year and applied the multiplier of 17 and added a sum of Rs. 15,000/- towards consortium and loss of estate. The Tribunal also granted Rs. 2,000/- towards funeral expenses. Thus, in toto, the Tribunal granted Rs. 1,08,800/-. It is worthwhile to mention that the Tribunal granted 12% p.a. interest from the date of the claim petition filed by the claimants.

(3.) MR . Sanjay Agrawal, learned counsel appearing for the respondent No. 3, the insurer, has submitted that the Tribunal has correctly fixed the income in the absence of any material on record. It is also put forth by him that the Tribunal has erred by granting 12% p.a. interest and also erred in grant of consortium for loss of status and further higher multiplier has been applied.