VINITA AND OTHERS Vs. VINOD AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 13.2.2009 passed by the Motor Accident Claims Tribunal, Gwalior in Claim Case No.200/2008. on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of 27,65,000/- on account of death of deceased Rama. in an accident took place on 17.5.2008. It was pleaded by the claimants i.e. widow, sons and daughters that the sole bread earner of the family has died in the accident having his earning from Grossery Shop, however the compensation as prayed in the claim petition may be awarded.

(3.) The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs 4,33,000/-, out of which in loss of dependency Rs 24,000./- accepting the earning of the deceased Rs. 3000/- per month, applying the multiplier of 17 and after deducting 1/3rd towards personal expenses. The Tribunal has also awarded Rs.25,000/- lump sum in other conventional heads by the impugned award.