VIDYAWATI DUBEY Vs. VIDYARAM

JUDGEMENT

(1.) THIS appeal by the claimants under Section 110 -D of the Motor Vehicles Act, 1939 (for short, the 'Old Act'), read with Section 173(1) of the Motor Vehicles Act, 1988 (for short, the 'New Act'), has been preferred against the award of the Motor Accident Claims Tribunal, Gwalior (for short, the Tribunal') dated 13.3.1991, seeking enhancement in the quantum of compensation awarded.

(2.) THE only facts relevant and need to be mentioned are that deceased Premchand Dubey, who was coming on a scooter (RES 2746) was hit by truck coming from opposite direction (CIM 7445) and as a result thereof Premchand Duby died. He left behind his widow, three sons and three daughters who are claimants in the case. The deceased Premchand Dubey was employed in Food Corporation of India as Assistant Manager. His age was 43 at the time of his death.

(3.) THE learned Counsel appearing for the claimants in this appeal, submits that the method of computation of compensation adopted by the Tribunal is unjust and unfair. It is also not in accordance with the settled principles. He cited various decisions of various High Courts in this behalf. He submitted that there were as many as seven dependents and the annual dependency worked out is on the lower side. He also submitted that under New Act, as amended, the multiplier indicate for age of 43 is 15. Some amount should also have been awarded for loss of consortium and loss of estate.