LALITA DEVI Vs. SURESH

JUDGEMENT

(1.) THE appeal is directed against the award dated 30. 8. 1995 of the Motor Accidents Claims Tribunal, Mhow, passed in Claim Case No. 101 of 1990, whereby compensation of Rs. 1,56,000 in all by calculating dependency of Rs. 1,300 p. m. and by applying a multiplier of 10 is awarded.

(2.) IT is not in dispute that Shantilal died in a motor accident. No appeal has been filed by the other side and, therefore, it is also proved that he met with accident and died due to rash and negligent driving of the vehicle by respondent No. 1, who was driver and in the employment of respondent No. 2. The vehicle was insured with respondent No. 3. The learned Tribunal has assessed income of the deceased at Rs. 2,000 p. m. and, therefore, assessed dependency at Rs. 1,300 p. m. The age of the deceased was calculated as 45 years and a multiplier of 10 has been applied.

(3.) IT has come in evidence that the deceased was an agriculturist and was holding about 110 acres of land and was also producing and selling milk.