MUKESH Vs. KISHORSINGH TOMAR

JUDGEMENT

(1.) THE claimants are appellants, who have assailed the award of Motor Accidents Claims Tribunal, Gwalior, claiming enhancement.

(2.) THE deceased Bhawani was in the employment of the Railways and he met his death on 30. 6. 1981 at about 10. 00 p. m. in a motor accident. The Matador vehicle involved in the accident, registered No. MPW 8415, was insured admittedly with respondent No. 3 on the relevant date but the insurer-respondent has not produced and proved the insurance policy of the vehicle.

(3.) ADMITTEDLY, the deceased was drawing a salary of Rs. 482/- per month and he was about 40 years of age on the date of death. The Tribunal passed an award in the sum of Rs. 21,580/- and also awarded interest at the rate of 9 per cent per annum and in making that award took the view that the dependency of the claimants could be laid at the most in the sum of Rs. 150/- per month. He reached the figure of Rs. 23,400/- but made deductions of 30 per cent. However, for pain and suffering and also loss of company further sums were awarded.