LAWS(MPH)-2006-9-9

RANCHOD BHAI Vs. AMRSINGH

Decided On September 01, 2006
RANCHHOD BHAI Appellant
V/S
AMARSINGH Respondents

JUDGEMENT

(1.) Aggrieved by the inadequacy of compensation of Rs. 89,050, the appellants have filed this appeal, under section 173 of Motor Vehicles Act.

(2.) The claimants are the unfortunate parents of deceased Kamlesh. It was stated that on 21.3.2005 at about 10.30 a.m. their son was going on motor cycle bearing registration No. MP 45-BA 0323 and while he was returning from R.T.O., a bus bearing registration No. MP 09-171 came at an alarming speed and on account of rashness and negligence of the driver of the bus, the accident occurred in which Kamlesh lost his life on the spot. The appellants alleged that Kamlesh was a young boy of 20 years having Diploma in Computer and he was earning Rs. 4,000 per month. In this background, a sum of only Rs. 1,00,000 was paid as compensation.

(3.) The Tribunal, however, decided his income on the basis of notional income and after deducting 2/3rd and applying the multiplier of 17 awarded Rs. 85,000 for loss of dependency. In addition a sum of Rs. 2,000 was provided towards funeral expenses, while Rs. 2,050 was awarded for conveyance.