BABULAL Vs. M.P.E.B.

JUDGEMENT

(1.) THIS order shall govern the disposal of M.A. No. 412/90 filed by claimant Babulal and M.A. No. 413/90 filed by Oriental Insurance Company against the award dated 30.8.90 passed by IVth Additional Motor Accident Claims Tribunal, Dhar, in claim case No. 24/90 whereby compensation of Rs. 2,00,000/ - was awarded with interest at the rate of 12% per annum.

(2.) IT was not in dispute that the truck No. 6369 belonged to non -applicant No. 1 M.P.E.B. and was insured with non -applicant No. 4, the Oriental Insurance Co. and non -applicant No. 3 Mahendra was the driver.

(3.) SHRI Mehta, learned counsel for the claimants -appellants, submitted that the tribunal committed error in assessing dependency of the family at Rs. 10,000/ - and in not selecting multiplier of 20. On the other hand, Shri Dandwate, learned counsel for the respondents/non -applicants, submitted that the Tribunal went wrong in not taking into consideration the age of the mother of the deceased while selecting multiplier. She was aged about 52 years, therefore, the multiplier of 10 should have been applied.