BATTOBAI Vs. TULSIDASS SACHDEVA

JUDGEMENT

(1.) THIS is an appeal by the appellants -claimants, under Section 110 -D of the Motor Vehicles Act, 1939, for enhancement of the compensation of Rs. 35,100/ - awarded for the death of Bhagwant, aged 35 years, who succumbed to injuries received in a motor accident on 8.5.1984 caused by the use of truck No. MPW 8479.

(2.) THE Motor Accidents Claims Tribunal, Gwalior, in claim case No. 161 of 1984, vide award dated 1.2.1988, after holding that accident arose because of rash and negligent driving of the driver, the respondent No. 2, awarded a sum of Rs. 39,000/ - on the monthly dependency of Rs. 250/ - for the widow and four children, by selecting a multiplier of 13, deducting therefrom ten per cent towards lump sum payment and for uncertainties of life.

(3.) MR . K.K. Lahoti, learned Counsel for respondent insurance company, supported the award and submitted that the award is just and proper and is not inadequately low so as to call for interference in appeal.