KISHANLAL Vs. BHANWARLAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 29.6.2002, passed by the IIIrd Motor Accident Claims Tribunal, Mandsaur, in Motor Accident Claim Case No. 19/2001, by which the Tridunal has aw aided Rs. 1,20,000/-, along with interest at the rate of 9% pa. from the date of filing of the application till realisation, in favour of the appellants.

(2.) THE impugned award has been assailed by the appellants on the ground that the compensation awarded by the Tribunal is on lower side. The Tribunal has not properly assessed the income of the deceased and has also wrongly applied multiplier. It is submitted that the deceased was earning Rs. 3,000/- per month and at the time of death of Ramchandra, the sole son of the appellants, he was 25 years old and the appellants, at the time of filing of claim petition, were 53 and 50 years old respectively, so, the multiplier of eleven which has been applied by the Tribunal is on lower side, while the appellants were entitled of the multiplier of 13.

(3.) TO appreciate the rival contentions of the parties, factual position in the present case may be seen. On 25.3.2000, the son of appellants- Ramchandra-was going on a Motorcycle to Mandsaur. The motorcycle was owned by respondent No. 1 - Bhanwarlal and was driven by Mohanlal, while deceased Ramchandra was the pillion rider. The said vehicle was insured with respondent No. 2. When the vehicle reached between Fatehgarh and Songari, an unknown vehicle dashed the Motorcycle resulting into death of both Ramchandra and Mohanlal. An FIR was lodged at Police Station Afjalpur, on which Criminal Case No. 33/2000, u/Ss. 279 and 304-A of the IPC was registered. As the vehicle could not be traced out so F.R. was filed. Thereafter the present claim petition has been filed against the owner and insurer of the Motorcycle. It is submitted that Ramchandra was sole son of the appellants. He was Driver and was 25 years old at the time of accident. He was earning Rs. 3,000/- per month. Out of this, he was spending l/3rd amount on himself. The appellant - claimed Rs. 5,75,000/- as compensation against the respondents.