AMRUTBAI Vs. JABBAR

JUDGEMENT

(1.) This appeal has been filed by the claimants under section 173 of the Motor Vehicles Act, against the award dated 22.3.2004, passed by the Motor Accidents Claims Tribunal, Indore in Claim Case No. 243 of 2003.

(2.) The facts in narrow compass are that the deceased Kailash on 16.6.2002 was travelling in vehicle No. MP 13-E 1227 which turned turtle due to the accident as a result of which Kailash 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 Accidents Claims Tribunal passed the award dated 22.3.2004. 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 vegetables. 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 30 years and after deducting 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. 2,000 as funeral expenses, Rs. 5,000 for loss of consortium, Rs. 2,000 for loss to estate and Rs. 6,000 for loss of love and affection to the children and Rs. 16,000 for medical expenses. In this way the Tribunal granted total compensation of Rs. 1,81,000 along with 6 per cent 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.