MUNABBAR BI Vs. ABDUL GAFOOR

JUDGEMENT

(1.) THE appellant, being aggrieved by the award dated 29.10.1987 passed in Claim Case No. 25/87 by the Member, Motor Accident Claims Tribunal, Indore, has preferred this appeal for enhancement.

(2.) BRIEF facts leading to the claim petition are that on 21.12.1982 deceased Mushtaq was driving vehicular chassis No. 165/1 from Indore to Ahmedabad. When he reached on the bridge of Kalaria village, another Vehicle No. C.P.M. 8197 which belonged to the respondent No. 1 Abdul Shaqur and insured with the respondent No. 3 came and dashed the chassis. At the material time the truck was being driven by the respondent No. 2. It was also alleged that because of the accident the deceased was thrown off and was over run by the truck. The appellant in her claim petition submitted that the deceased was employed in M/ Section Ishwar Alloys from where he was drawing salary of Rs. 500/- p.m. From December, 1982 he became the chassis driver and was getting Rs, 30/- per day. According to the claimant the total income of the deceased was Rs. 900/- p.m. and she was entitled to Rs. one lac as damages/compensation.'

(3.) THE Trial Court held that the deceased was not negligent and the respondent No. 2 was driving the vehicle rashly and negligently. The deceased died as a result of the accident. It also held that the deceased was earning Rs. 375/- p.m. The Trial Court after coming to this conclusion held that the deceased must have been spending Rs. 75/- on his own self and thereafter apportioned the sum of Rs. 300/- equally as expenses of the deceased and the claimant. It accordingly held that the dependency was Rs. 150/- p.m. or Rs. 1800/- per year. Applying the multiplicand of 16 it awarded Rs. 28,800/-, Rs. 5,000/-towards consortium, and interest @ 12% p.a. was also awarded.