UMADEVI Vs. SHIVAM COMMERCIAL SERVICE

JUDGEMENT

(1.) ON due consideration MCP No. 3470/2001 is allowed and the delay in filing the appeal is hereby condoned. With the consent of the learned counsel for the parties, the appeal is finally heard.

(2.) THIS is claimant's appeal filed under section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation awarded by Additional Motor Accident Claims Tribunal, Maihar, District Satna, vide award dated 21.4.2001 passed in Claim Case No. 4/93.

(3.) SHRI Lala, the learned counsel for the appellant submits that the Tribunal has erred in not accepting the claimant's evidence,about the income of the deceased and in assessing bis income at Rs. 15,000/- per annum only on the basis of the notional income; in selecting lower multiplier of 16; and in awarding low compensatino of Rs.1,67,000/- only as against the sum of Rs. 5,00,000/- claimed by the claimant. Shri B.D. Jain and Shri Sunil Jain, the learned counsel for respondent No. 3 M/s. Oriental Insurance Company Limited on the other hand support the award and submit that the Tribunal has been quite liberal in awarding compensation of Rs:1,67,000/-to the claimant. The findings that appellant's husband Nand Kumar Mishra died on account of the injuries sustained by him in the accident and that the accident occurred due to the rash and negligent driving of the driver of the Truck, have now attained finality as the respondents have not filed any appeal against the award.