USHA Vs. RAJESH RISALA SINGH CHOUDHARY

JUDGEMENT

(1.) WITH the consent heard finally. Feeling dissatisfied with the amount of compensation awarded to them the appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 { for short the Act} for enhancement of the compensation awarded to them vide award dated 17. 04. 2007 passed by 8th Additional Motor Accident Claims Tribunal, indore {for short the Tribunal} in Claim Case No. 175/07.

(2.) BRIEFLY stated on 09. 10. 2005 deceased Nanuram was going alongwith Mahesh on his motorcycle bearing Registration No. MP 09 jx 8974. When the motorcycle reached at Tejajinagar, Indore By-pass square a Truck Trolley bearing Registration No. HR 68-A-7585 coming from Dewas side dashed the motorcycle resulting into death of the said Nanuram on the spot. The appellants/claimants being widow, son, daughter and mother of the deceased filed a claim petition under Section 166 of the Act seeking compensation of rs. 20,00,000/- from the respondents.

(3.) THE owner and the driver remained ex-parte before the tribunal. The respondent No. 3 Insurer filed written statement and denied the averments made in the claim petition. The Tribunal framed as many as 5 issues and after recording evidence taking the income of the deceased to be Rs. 3,000/- per month deducting 1/4th for his personal expenditure and applying the multiplier of 17 assessed the compensation of Rs. 4,59,000/- for loss of dependency. However, the amount was restricted to 50% on the ground of contributory negligence of the deceased himself. The Tribunal after restricting the amount of compensation to the extent of 50% by adding Rs. 4,500/-for loss of consortium to wife and Rs. 2,000/- for funeral expenses awarded total compensation of Rs. 2,36,000/- to the appellants/claimants.