TANNU AND OTHERS Vs. LAKHAN AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 12.11.2009 passed by the 4th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.86/2009 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.28,20,000/- on account of death of deceased Aslam Khan in an accident took place on 26.05.2009 It was pleaded by the claimants that the sole bread earner of the family has died in the accident having his earning from riding Tanga, 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.3,74,500/-, out of which in loss of dependency Rs.3,60,000/- accepting the earning of the deceased Rs.36,000/- per year, applying the multiplier of 15 and after deducting 1/3rd towards personal expenses. The Tribunal has also awarded some amount in conventional by the impugned award.