BHURI Vs. OMI

JUDGEMENT

(1.) THE appeal has been preferred by the claimants for enhancement of compensation aggrieved by award dated 31. 1. 2001 passed by Second Motor Accidents Claims Tribunal, Gwalior in Claim case No. 18 of 1997.

(2.) THE claimants are widow and children of deceased Prabhu Dhakad, aged 50 years who died in an accident on 30. 12. 96 while he was sitting on a culvert near village Therki, truck (No. MP 06-6942) came from Khandi side, it was driven rashly and negligently by Omi alias Omprakash and dashed several persons who were sitting on culvert and fell down in a ditch below culvert. Prabhu and others sustained injuries, prabhu succumbed to the injuries, report of the accident was lodged at concerned police station by Murli, offence against driver was registered under sections 279, 337 and 304-A of the Indian Penal Code, 1860, compensation of Rs. 12,20,000 was claimed, deceased was doing business, he was running a kirana shop and his income was claimed to be Rs. 10,000 per month.

(3.) THE only question agitated in appeal is about quantum of compensation as such other facts are not being referred to. The tribunal has awarded compensation of rs. 1,40,000 to the claimants assessing the income of the deceased at Rs. 15,000 per annum prescribed for non-earning member applying the multiplier of 13, the aforesaid compensation has been worked out inclusive of the customary amount. Dissatisfied with the same, appeal has been preferred.