KRISHNA KUMAR Vs. GULAB KHAN

JUDGEMENT

(1.) THE present misc. appeal has been preferred challenging the award dated 2.12.1998 passed by Motor Accidents Claims Tribunal, Jaipur whereby the compensation of Rs. 1,77,000 was ordered to be paid in MACT Case No. 996 of 1995.

(2.) THE claim application was filed by the claimants, sons of the deceased Premlata, who had died in the accident occurred on 28.3.1995 when the car No. RSB 5787, in which she was travelling, had collided with the trolley No. RJ -01 -G -1635. In the same accident the other occupant of the car Rajaram Khandelwal had also died. The trolley was insured with the Oriental Insurance Co. Ltd.

(3.) THE only contention being raised by the counsel for appellants is that the multiplier of 5 as awarded by the Tribunal is unjustified and it requires to be enhanced. The Tribunal after going through the income tax returns had come to a conclusion that the annual income of the deceased was Rs. 46,000 and after dividing it into units from the annual income the family dependency was calculated at Rs. 34,500 and with the multiplier of 5 only the total compensation of Rs. 1,77,000 was awarded. The deceased was 53 years old. She was proprietor of Krishna Metal Industries. In my opinion, the minimum multiplier in the above said case which could be applied should have been 8 and not 5. The compensation as assessed is enhanced to Rs. 34,500 x 8 = Rs. 2,76,000.