RUBY YADAV Vs. RAJENDRA

JUDGEMENT

(1.) In this appeal preferred under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') the claimants-appellants have called in question the legal validity of the award dated 16.5.1997 passed by the First Motor Accidents Claims Tribunal, Murwara, Distt. Katni.

(2.) The facts giving rise to this appeal are that on 18.3.1994 deceased Dayashankar Yadav was travelling on scooter bearing registration No. CIQ 3796 on National Highway No. 7 and proceeding towards Maihar when he reached at the Check Post of Forest Department near village Kuthla, the offending truck bearing registration No. UP-32A-0611, being rashly and negligently driven by the respondent No. 1, dashed against the scooter, as a result of which he fell down and sustained injuries on his head, and eventually succumbed to the same. The widow of the deceased along with parents filed aforesaid claim petition contending, inter alia, that the deceased was earning Rs. 3,000 per month as he was working as a Branch Manager in M/s. Satna Express Transport Corporation, was aged about 28 years, contributing substantially to the family and hence they were entitled to a compensation of Rs. 15,74,000.

(3.) The parties adduced evidence before the Claims Tribunal. On considering the material brought on record, the Tribunal came to hold that the monthly income of the deceased was Rs. 1,500 and his contribution to the family was Rs. 1,000. The Tribunal accepted the age of the deceased to be 28 years and applied multiplier of 12. The Tribunal awarded a sum of Rs. 5,000 towards loss of consortium and Rs. 2,000 towards funeral expenses. Thus the Tribunal awarded a total sum of Rs. 1,51,000.