KALABAI & OTHERS Vs. MANOJ KUMAR & OTHERS

JUDGEMENT

(1.) Assailing the award dated 15.05.2009, passed by the 2nd Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.56/2008 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 Rs.18,70,000/- on account of death of deceased Jandel Singh in an accident took place on 24.10.2007. It was pleaded by the claimants i.e. wife, sons, father and mother that the sole bread earner of the family has died in the accident having his earning from the job of Mason, 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.3,32,000/-, out of which in loss of dependency Rs.3,12,000/- accepting the earning of the deceased Rs.3,000/- per month, applying the multiplier of 13 and after deducting 1/3rd towards personal expenses. The Tribunal has also awarded some amount in conventional heads by the impugned award.