BHERUSINGH Vs. MAHESH

JUDGEMENT

(1.) Being aggrieved by the award dated 22.9.2007 passed by Second Additional M.A.C.T., Kukshi, Distt. Dhar in Claim Case No. 4 of 2007 whereby the claim petition filed by the appellants was allowed and compensation of Rs. 1,65,000 was awarded, the present appeal has been filed.

(2.) Short facts of the case are that the appellants filed a claim petition before the learned Tribunal alleging that on 13.4.2006 deceased Maniya alias Mohansingh was travelling in the offending jeep which was owned by respondent No. 2, insured with respondent No. 3 and driven by respondent No. 1 rashly and negligently, with the result Maniya fell down and died. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 3 on various grounds including on the ground that the offending vehicle was insured by Act policy under which premium was taken at Rs. 100 per passenger and the insurance company is liable to the extent of Rs. 1,00,000 per passenger. It was prayed that in the circumstances insurance company cannot be held liable for payment of compensation beyond limits for which passenger was insured. It was also alleged that since the offending vehicle was being used for carrying passengers, while the vehicle was insured for private purpose, therefore, also insurance company cannot be held liable. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded a sum of Rs. 1,65,000 against which present appeal has been filed for enhancement, in which cross-objection has been filed by respondent No. 3 wherein findings regarding liability of respondent No. 3 is challenged.

(3.) Learned counsel for the appellants argued at length and submits that learned Tribunal assessed the age of the deceased in the age group of 45-50 years, while the deceased was aged 40 years. It is submitted that the learned Tribunal assessed the income of the deceased at Rs. 50 per day and after deducting 1/3rd towards personal expenses applied the multiplier of 13. It is submitted that the income of the deceased is assessed on the lower side and on other heads also amount awarded is on lower side. It is submitted that the appeal filed by the appellants be allowed and amount of compensation be enhanced accordingly.