MARIYAM AND OTHERS Vs. BABLOO KHAN AND OTHERS

JUDGEMENT

(1.) Award of the Motor Accidents Claims Tribunal, Gurgaon (hereinafter mentioned as the Tribunal) of 11.1.2001 whereby compensation of Rs.10,29,500/- was allowed on death of Mohd. Sahun is under challenge in this appeal wherein enhancement of compensation has been sought taking up a plea that income of the deceased had not been properly calculated and that even multiplier of '17' has been wrongly applied.

(2.) Counsel for the appellant contends that the deceased was working as driver in Saudi Arabia. It is claimed that the Tribunal should have accepted version of Smt. Mariyam widow of Mohd. Sahun qua income of the deceased and that there was no ground with the Tribunal to discredit her version to the effect that the deceased was earning Rs.14,000/- per month. It is claimed that dependency of the deceased was to be calculated on the basis of said earning only thereafter.

(3.) Counsel for the respondent-insurance company, on the other hand, has argued that the Tribunal has already been very liberal in calculating dependency @ Rs.5,000/- per month and the multiplier is also on the higher side. It is claimed that no enhancement is to be made in the compensation already awarded.