DAMYANTIBAI Vs. MAHESH KUMAR

JUDGEMENT

(1.) THE appellant/claimants have filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the increase of the amount of award dated 13.12.2000 in Claim Case No. 184/1998 passed by learned Fourth Member of Motor Accident Claims Tribunal, Indore, wherein the amount of Rs. 85,000/- was provided of the vehicular death along with interest @ 12% p.a. from 14.11.1998.

(2.) THE case of the claimants is that on 22.6.1998 when Basantilal was coming to Indore from Sanwer on the Hero Honda bearing registration number MP-09/ JC-2378 at about 1.00 a.m. near village Laxmankhedi, respondent No. 2 while driving his motorcycle rashly and negligently fell in the pit and Basantilal died on account of the injury received by him in the accident. That the report was lodged in Police Station Sanwer and the case was registered under Section 304A of the I.P.C. against respondent No. 2. That respondent No. 1 was the owner of the vehicle and respondent No. 3 was its insurer. That the age of the deceased Basantilal was 49 years and he was earning Rs. 5,000/- per month by doing the business of readymade garments. That it is alleged that claimant No. 1 is the wife and other claimant Nos. 2, 3 and 4 are the sons of the deceased. They have claimed for the amount of Rs. 10,000/-, jointly and severally, from the respondents.

(3.) LEARNED Counsel for the appellants has prayed for the enhancement of the amount of award on two grounds. Firstly, that the multiplier adopted is less as the age of the deceased was only 49 years; and secondly, that the learned Tribunal has not properly assessed the annual income of the deceased.