MALUA ALIAS MULGIRI Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 1. 12. 1992, passed by Mr. G. S. Rathore, Member, Motor Accidents Claims Tribunal, Shivpuri, in Claim Case No. 39 of 1988.

(2.) THE facts in the case are that on 30. 3. 1988 the appellant's elder brother Tularam was going on the Mohinisagar Dam Road to collect the earth. At that time, respondent No. 1, Bhagwan Singh, came by driving a dumper No. RJU 5831, rashly and negligently and dashed the appellant's brother, as a result of which he sustained injuries and died on the spot. The alleged vehicle was owned by respondent No. 2 and insured with respondent No. 3. The appellant has claimed a compensation of Rs. 1,00,000/ -. The claim was contested by the respondents on various grounds.

(3.) MR. N. D. Singhal, learned Counsel for the appellant-claimant, contended that the deceased was 50 years of age and he was doing the work of earthenware. The Tribunal assessed Rs. 400/p. m. and determined the dependency at Rs. 150/-p. m. The Tribunal applied the multiplier of 10. Learned Counsel for the appellant submits that the amount of Rs. 17,500/-towards compensation deserves to be enhanced on the following ground: