ABDUL HAFIZ Vs. BABLOO

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement of compensation, arising out of an award dated 23. 3. 2006 by the Motor Accidents Claims Tribunal, neemuch in M. A. C. C. No. 22 of 2005 by which the Claims Tribunal has awarded rs. 82,000 along with interest at the rate of 9 per cent per annum from the date of application dated 19. 4. 2005 till payment and costs. It is also directed that both the appellants shall be entitled to receive the compensation in equal share.

(2.) LEARNED counsel for the appellants submitted that the deceased Abdul Salam was 18 years old unmarried son of the appellant and was carrying on business of sale of bamboos, ballis and tiles, etc. He was also helping his father at the shop, namely, Azad Timber Merchant. At the time of his death his income was Rs. 400 per day. The Tribunal has not properly assessed the compensation, by computing monthly income of the deceased at a lower side. Apart from this the multiplier applied by the Tribunal is incorrect. The appellants are entitled for the multiplier of 16. It is submitted that the compensation awarded be enhanced suitably.

(3.) LEARNED counsel for the respondent no. 1 opposed the contention of the appellants and submitted that the Tribunal has awarded compensation on higher side. The respondent No. 1 has been wrongly held liable for the payment of compensation, so the award passed by the Tribunal be set aside against respondent No. 1.