GOVERDHAN SINGH CHAHAR Vs. MUSHAHID KHAN

JUDGEMENT

(1.) Being aggrieved by the award dated 22.09.2005 passed in Claim Case No.92/2005 by the IIIrd Addl. MACT, Gwalior, District-Gwalior awarding compensation to the tune of Rs.1,76,100/- in a case of a death of deceased Ranjeet Singh who was working as a driver, this appeal has been filed by the claimants under Section 173 of the Motor Vehicles Act, 1988.

(2.) On perusal of the impugned award, it indicates that the Tribunal has accepted the earning of the deceased as Rs.3,300/- per month which annually comes to Rs. 39,600/-. The Tribunal accepted the dependency as 1/3rd and applying the multiplier of 13, awarded a sum of Rs.1,71,600/- in loss of dependency and Rs.4,500/- has further been awarded in conventional heads.

(3.) Learned counsel for the appellant submits that accepting the same earning and after deducting 1/3rd towards personal expenses because the claim is filed under Section 163(A) and applying the multiplier of 17, looking to the age of the deceased, adequate amount of compensation applying the structural formula given in the schedule of the Motor Vehicle Act may be granted.