VARDI Vs. RATTA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been directed against the award dtd. 20/3/2002 passed in M.A.C. Case No.479/1997 on the file of the learned Judge, Motor Accident Claims Tribunal, Udaipur, wherein and whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding the respondents jointly and severally liable to pay compensation of Rs.1,16,000.00 with interest.

(2.) Aggrieved by the said award, the claimants preferred the present appeal for enhancement of the compensation.

(3.) The contention of the learned counsel for the appellants is that the Tribunal has not fixed the proper monthly wages and the wages fixed by the Tribunal is on the lower side and such fixation is contrary to even the minimum wages prevaling on the date of accident. It is also the contention of the learned counsel that multiplier applied by the Tribunal is also on the lower side and he further contends that other benefits granted under the conventional heads were also not proper and future prospects were also not taken into consideration while fixing the compensation. It is also contended that the deduction towards personal expenses was not properly fixed depending on the number of dependents. The learned counsel for the appellants also contended that the Tribunal has wrongly held that the deceased was responsible for the accident and wrongly fixed 50% contributory negligence on the part of the deceased. In these circumstances, he seeks enhancement of the compensation.