MOHAN LAL Vs. GULABCHANDRA

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 30.11.2001 passed by the M.A.C.T., Barwah in Claim Case No. 68 of 2001 whereby a sum of Rs. 1,25,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.

(2.) Learned counsel for the appellants submits that the deceased Rajesh was aged 16 years who passed away in the motor accident. The appellants are parents of the deceased. Learned Tribunal has awarded Rs. 1,25,000. It is submitted that no breakup has been given by the learned Tribunal as to how it has reached to the conclusion that the amount of Rs. 1,25,000 is just and proper. Learned counsel further submits that deceased was a milk vendor. It has been proved that deceased was selling milk more than 30 1trs. per day and was also helping his father in cultivating the agricultural land. It is submitted that income of the deceased was Rs. 3,500 per month, therefore, the learned Tribunal committed an error in awarding the compensation of Rs. 1,25,000.

(3.) Mr. Milind Phadke, counsel for respondent No. 3 submits that looking to the age of the deceased, the amount awarded is just and proper. It is submitted that the deceased was unmarried and the income which has been shown is unbelievable.