RESHAM BAI Vs. JABBAR

JUDGEMENT

(1.) THIS appeal has been filed by the claimants under section 173 of the Motor Vehicles Act, against the award dated 22. 3. 04, passed by the Motor Accident Claims Tribunal, Indore, in Claim Case No. 244/03.

(2.) THE facts in narrow compass are that the deceased Prakash on 16. 06. 02 was travelling in vehicle no. M. P. 13-E-1227 which turned turtle due to the accident as a result of which Prakash received injuries and died in the hospital. The appellants filed claim petition claiming compensation of Rs. 10,00,000/ -. The claim was opposed by the respondents.

(3.) MOTOR Accident Claims Tribunal passed the award dated 22. 03. 04. The tribunal in the impugned award has found that the claimants failed to establish that the deceased was engaged in the business of sale and purchase of cattle or retail sale of vegetable. The Tribunal found that the income of the deceased was not proved, and presumed Rs. 15,000/- annual income as per the Schedule, age of the deceased was found to be 35 years and after deducting the 1/3rd towards personal expenses of the deceased, the Tribunal calculated the contribution to the family as Rs. 10,000/- and on applying the multiplier of 15 calculated the compensation of Rs. 1,50,000/ -. The Tribunal granted Rs. 2000/- as funeral expenses, Rs. 5000/- for loss of consortium, Rs. 2000/- for loss of estate and rs. 8000/- for loss of love and affection to the children and Rs. 16000/- towards medical expenses. In this way the Tribunal granted Rs. 1,67,000/- wrongly totaled as Rs. 1,62,000/- along with 6% simple annual interest from the date of the application. The Tribunal exonerated the Insurance Company on the ground that the claimants failed to establish that the deceased was travelling in the vehicle with his goods (vegetables) for the purpose of sale and since he was not travelling as owner of the goods in the goods vehicle, therefore, the Insurance Company was not liable.