ANJLI BHATIYA Vs. RAJKUMAR

JUDGEMENT

(1.) This order shall also govern the disposal of MA.No.3080/07, as both the appeals are arising out of award dated 07/09/07 passed by II MACT, Dewas whereby two claim petitions were allowed and compensation was awarded holding respondent Nos. 1 to 3 liable for payment of compensation. In MA.No.3801/07 award under challenge is passed in Claim Case No.77/06, while in MA.No.3080/07 award is passed in Claim Case No.76/06.

(2.) Short facts of the case are that claimants in both the appeals filed claim petitions before the learned Tribunal alleging that on 27/01/06 at about 8.30 A.M. deceased Avdhesh Raghuvanshi and Bharat Bhatia were travelling in a Indica Car bearing registration No.MP/04- HT/8317, which was being owned and driven by one Anil Yadav. It was alleged that when the said Indica Car reached to Chinotha Jod, at that time met with an accident with a truck bearing registration No.MP/09-KD/2756 which was coming from opposite direction and was being driven rashly and negligently by respondent No.1, owned by respondent No.2 and insured with respondent No.3. It was alleged that because of accident driver and owner of Indica Car Anil Yadav and also Avdhesh Raghuvanshi and Bharat Bhatia died on spot. It was prayed that the claim petitions be allowed and compensation be awarded. The claim petitions were contested by respondent Nos. 3 and 4 on various grounds. After framing of issues and recording of evidence learned Tribunal al- lowed both the claim petitions and awarded a sum of L 12,39,000/- in MA.No.3801/07 and a sum of L 7,35,000/- in MA.No.3080/07 and respondent NO.4 was exonerated, against which both the appeals have been filed.

(3.) In MA. No. 3080/07 wherein Mr. Anand Chouhan is the counsel for appellants submits that the learned Tribunal assessed the income of the deceased @ L 5,000/- per month and after deducting 1/3rd towards personal expenses applied the multiplier of 18 and awarded a sum of L 7,35,000/-, breakup of which is as under:- L 7,,20,,000/- Towards loss of dependence. L 10,,000/- Towards loss of consortium. L 5,,000/- Towards funeral expenses.