VANDANA THAKUR Vs. BHAGWANDAS

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties, the appeal is finally heard. This is claimants' appeal filed under section 173 of the Motor Vehicles Act, for enhancement of the compensation awarded by Motor Accident Claims Tribunal, East Nimad, Khandwa, vide award dated 13.7.2001 passed in Motor Claim Case No. 34/97.

(2.) THE appellants, widow and minor son of deceased Thak Singh, claimed compensation of Rs. 14,00,000/- for his death in the motor accident when on 13.6.1997 the Hero Honda Motorcycle bearing registration No. MH- 19-D/8081 on which he was travelling as pillion rider was dashed by the offending vehicle Bus bearing registration No. MP-09-S/1129 resulting in serious injuries to Thak Singh who succumbed to those injuries during the course of his treatment in the hospital. The claimants further pleaded that the deceased was getting a sum of Rs. 4,000/- per month, after all the deductions, as salary from the Railways.

(3.) SHRI Anil Lala, the learned counsel for the appellants, submits that the Tribunal has erred in assessing the claimants' dependency at Rs. 2,600/- per month only; in selecting the lower multiplier of 15; and in awarding low compensation of Rs. 4,75,000/- as against the sum of Rs. 14,00,000/-claimed by the claimants.