LAWS(MPH)-2006-9-75

CHANDUBAI Vs. NATIONAL INSURANCE CO. LTD

Decided On September 15, 2006
Chandubai Appellant
V/S
NATIONAL INSURANCE CO. LTD Respondents

JUDGEMENT

(1.) IN this appeal preferred under Section 173 Of The Motor Vehicles Act, 1988the claimant appellants have called in question the legal propriety of the award passed by the Motor Accident Claims Tribunal, Kukshi in Claim Case No. 67/05 whereby the Tribunal while accepting that the deceased Gambhirsingh was engaged in digging through a machine had determined his yearly income at Rs. 30,000 and further relying on the post-mortem report which indicated that he was 55 years of age has applied the multiplier of 11 and accordingly fixed the amount of compensation at Rs. 2,27,000 which also includes compensation on two heads, namely, loss of consortium and funeral expenses.

(2.) IT is worth noting here that the learned Counsel for the appellant did not dispute at the bar any other facet except the factum relating to the age and the determination of multiplicand and multiplier by the Tribunal. First we shall deal with the income. The Tribunal has accepted on the basis of material on record that the deceased was engaged in digging and has determined the income at Rs. 30,000 per year. We are inclined to think the same deserves to be enhanced and accordingly we enhance it to Rs. 36,000 per annum. In view of the aforesaid, the contribution would come to Rs. 24,000 per year.

(3.) ACCORDINGLY , the appeal is allowed in part. There shall be no order as to costs.