BAIVY Vs. BRIJENDRA SHARMA

JUDGEMENT

(1.) This appeal is preferred by the claimants being aggrieved by the award dated 30th November, 2007 passed by the Member Judge, Motor Accident Claims Tribunal, Gwalior in Claims Case No. 32/2007, whereby the Claims Tribunal has awarded a sum of Rs. 5,20,000/- to the claimants for the death of deceased Dushasan.

(2.) The facts in a nut shell are that the deceased according to the claimants was aged 30 years of age and was working as Technician in the institute of Hotel Management, Gwalior. He was earning Rs. 8,000/- per month. On 1st November, 2007 at about 7:00 p.m. he was returning to his house after his duty hours on his scooter bearing registration No. MP-7 KB-4184. Where he reached near Data Marked, a truck bearing registration No. MP-06 E-3029, which was driving rashly and negligently by respondent No. 1 dashed against the scooter, due to which the deceased fell down. He died due to injuries sustained by him in the accident.

(3.) After his death, the claimants, who are widow and two daughters of the deceased filed an application before the Claims Tribunal for compensation. The Claims Tribunal assessed the income of the deceased at Rs. 3,873/- per month and awarded compensation to the claimants after applying multiplier of 16.