SHANIT DEVI Vs. FARUK KHAN

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) Being dissatisfied with the quantum of compensation awarded, the Claimants have filed this Appeal for enhancement of compensation in lieu of death of Rajkumar Kushwaha, who died on 14/03/2012 caused by the accident between truck No.MP09/HG 5536 and truck No.TN28/AD 2337.

(3.) The Claims Tribunal, on the basis of evidence on record, found that Rajkumar Kushwaha, who was traveling in vehicle Tavera bearing registration No.MP07/BA0729 succumbed to the injuries sustained in the accident caused by both the offending trucks/vehicles. And that he was 22 years of age, was engaged as Mason. The Tribunal further found that the deceased was unmarried. It disbelieved that his sister and her children were dependent on the deceased. After assessing deceased's annual income at Rs.48,000/-, taking 50% of the same towards loss of dependency, the Tribunal applied the multiplier of 10 on the age of mother and awarded Rs.2,40,000/- being the loss of dependency and adding Rs.5,000/- towards funeral expenses, Rs.5,000/- towards loss of estate and Rs.5,000/- towards conveyance awarded the compensation of Rs.2,55,000/-. The award is questioned on many a grounds including that the Claims Tribunal grossly erred in disbelieving the dependency of married sister and her children, that multiplier of 10 on mother's age is wrongly applied and that the Tribunal erred in not considering the loss towards future prospect and the amount of compensation under conventional head has been on the lower side.