BADI BAHU & OTHERS Vs. RAJKUMAR & OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act has been filed by the appellants/claimants being aggrieved by the award dated 15.5.2013 passed by Third Additional MACT, Damoh in M.V.C. No. 100/2012 seeking enhancement of compensation awarded by the Claims Tribunal on account of death of Girdhari, who is the son of appellant No. 1 and brother of appellant Nos. 2 to 4.

(2.) It is not in dispute that Girdhari has died in a road accident, which took place on 3.7.2012. The Claims Tribunal has awarded compensation of Rs.1,45,000/- only calculating the loss of dependency Rs.1,35,000/- accepting earning Rs.2500/- per month and further awarded Rs.10,000/- under the conventional heads.

(3.) Learned counsel for the appellants/claimants contends that it is a case wherein deceased was a Meson, though cogent evidence regarding earning is not available on record, however, at least minimum wages prevalent at the time of accident, ought to have been taken by the Claims Tribunal for the purpose of computation of compensation but the Claims Tribunal has accepted the earning of the deceased Rs.2500/- per month only. In addition, future prospects ought to have been awarded in view of the judgment of the Supreme Court in the case of National Insurance Co. Ltd. V. Pranay Sethi and others reported in 2017 AIR (SC) 5157. However, it is urged that applying due multiplier on the age of the deceased, adequate compensation may be awarded.