LAWS(MPH)-2016-7-20

SUKHDEVI AND OTHERS Vs. BHARAT BHUSHAN AND OTHERS

Decided On July 16, 2016
Sukhdevi And Others Appellant
V/S
Bharat Bhushan and Others Respondents

JUDGEMENT

(1.) Assailing the award dated 20/5/2010 passed by the IV Additional Motor Accident Claims Tribunal, Bhind in Claim Case No.18/2009 on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.6,32,000 on account of death of deceased Vidyaram in an accident that took place on 6/12/2007. It was pleaded by the claimants i.e. widow, son and his wife that the deceased was having his earning from agriculture and animal husbandary, however the compensation as prayed in the claim petition may be awarded.

(3.) The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.2,24,200/ -, out of which in loss of dependency Rs.2,16,000/ -accepting the earning of the deceased as Rs. 3000/ - per month, applying the multiplier of 9 and after deducting 1/3 towards personal expenses. The Tribunal has also awarded some amount in conventional heads i.e. funeral Rs.2000/ -, in consortium Rs.5000/ -, Rs.1000/ - as transportation charges to hospital, Rs.200/ - towards loss of estate by the impugned award.