SARASWATIBAI Vs. CHHITARLAL

JUDGEMENT

(1.) THE appellant has filed this appeal against the award dated 17th July, 2002 of the Motor Accident Claims Tribunal, Shajapur, in Claim Case No. 26/2002 by which against the claim of Rs. 10,00,000 the Tribunal has awarded only a sum of Rs. 1,32,500.

(2.) APPELLANT is the mother of the deceased Shankarlal who was a labourer and the only son of the appellant. On 4.2.2002, on Agra-Bombay Road, while the deceased was going on foot at 8.00 p.m., a truck bearing Registration No. RJ 26 G 0379 approached from the side of Maksi and on account of the rashness and negligence of its driver, it collided with Shankarlal. Shankarlal was rushed to the hospital, but he succumbed to the injuries. It was stated that Shankarlal was earning Rs. 4,500 per month and was aged 30 years and on that basis the said amount was claimed as compensation.

(3.) THE Claims Tribunal, in view of the evidence brought on record, came to the conclusion that income of the deceased was Rs. 2,000 per month and deducting 1/3rd from the annual income of Rs. 24,000, annual loss of dependency was arrived at Rs. 16,000. In view of the age of the mother, 52 years, multiplier of 8 was selected and the compensation of Rs. 1,28,000 was thus worked out under the caption 'Loss of dependency'. In addition, Rs. 2,000 were awarded for funeral expenses and Rs. 2,500 towards loss of estate.