NANDKISHORE Vs. SHOBHA DEVI

JUDGEMENT

(1.) BEING aggrieved by the inadequacy of the amount awarded vide award dated 12.8.2004 passed by 7th MACT, Indore in Claim Case No. 234/03, whereby a sum of Rs. 1,61,000/- has been awarded alongwith interest @ 6% per annum, the present appeal has been filed.

(2.) LEARNED counsel for the appellants submit that deceased was only daughter of the appellants aged 21 years who was working with Sukhliya Co-operative Society as Office Assistant and was drawing salary of Rs.

(3.) LEARNED counsel for the appellants submits that income of Rs. 3,000/- was found proved by the learned Tribunal, but the dependency was wrongly assessed @ Rs. 1,000/- per month and after applying multiplier of 12 a sum of Rs. 1,44,000/- has been awarded which is not correct. It is submitted that dependency ought to have been assessed @ Rs. 2,000/- per month. Since, the age of the deceased was 21 years, therefore, in view of second schedule of section 163 A of Motor Vehicles Act, the multiplier of 15 ought to have been applied, which has wrongly been applied of 12. Learned counsel for the appellants submits that on another heads also, the amount awarded is at lower side.