DHIRAJ SINGH Vs. MOHD FARKAN

JUDGEMENT

(1.) BEING aggrieved by inadequacy of the amount awarded vide award dated 17-7-01 passed by Ist MACT, Shajapur in Claim Case No. 24/2000 whereby a sum of Rs. 1,72,000/- has been awarded along with interest @ 9% per annum, the present appeal has been filed.

(2.) LEARNED Counsel for appellant submits that deceased Mukesh was aged 20 years. Appellants are parents of the deceased. In a motor accident, appellants lost their son. Learned Tribunal has awarded a sum of Rs. 1,72,000/ -. Income of the deceased was assessed @ Rs. 15,000/- per annum out of that one-third of the amount deducted towards personal expenses and after applying the multiplier of 17, learned Tribunal has awarded Rs. 1,70,000/- towards loss of dependency and Rs. 2,000/- towards funeral expenses. It is submitted that the amount awarded is on lower side. No amount has been awarded towards loss of love and affection and loss of estate and income of the deceased has also been assessed on lower side.

(3.) RELIANCE has been placed by the learned Counsel for appellants on a decision in the case of Manju Devi Vs. Musafir Paswan, reported in 2005 ACJ 99, wherein the Hon'ble Apex Court has awarded Rs. 2,25,000/- in a case of death of a boy aged 13 years without deducting any amount towards personal expenses.