MUBARIK Vs. NOUSAD

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 17.5.2001 passed by the M.A.C.T., District Mandsaur in Claim Case No. 18 of 2001 whereby a sum of Rs. 75,000 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 submit that appellant No. 1 has lost his wife on account of accident who was aged 21 years at the time of accident. It is submitted that learned Tribunal has awarded a sum of Rs. 75,000 without applying the multiplier. It is also submitted that amount awarded is on lower side. Deceased was a helping hand to perform agricultural work. She was also doing stitching work and performing household duties. It is submitted that her income was Rs. 2,000 per month. After deducting the personal expenses and after applying the multiplier of 17 as per Second Schedule of section 163-A of the Motor Vehicles Act the amount of loss of dependency ought to have been computed.

(3.) Learned counsel for respondent No. 3 submits that the amount awarded is just and proper. It is submitted that before the Lok Adalat the proposal was to enhance a sum of Rs. 50,000, therefore, no amount exceeding Rs. 50,000 can be awarded.