Mohanlal and Another vs Gulabchandra and Others

N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 30.11.2001 passed by MACT, Barwah in Claim Case No. 68/2001, whereby a sum of Rs. 1,25,000 has been awarded along with interest @ 9% per annum, the present appeal has been filed.

Learned Counsel for appellants submits that deceased Rajesh was aged 16 years who passed away in a motor accident. Appellants are parents of the deceased. Learned Tribunal has awarded Rs. 1,25,000. It is submitted that no break-up has been given by the learned Tribunal how it has reached to the conclusion that the amount of Rs. 1,25,000 is just and proper. Learned Counsel further submits that deceased was a milk vendor. It has been proved that deceased was sellingmilk more than 30 ltrs. per day and was also helping his father in cultivating the agricultural land. It is submitted that income of the deceased was Rs. 3,500 per month, therefore, learned Tribunal committed error in awarding the compensation of Rs. 1,25,000.

Mr. Milind Phadke, Counsel for respondent No. 3 submits that looking to the age of the deceased, the amount awarded is just and proper. It is submitted that deceased was unmarried and the income which has been shown is unbelievable.

After taking into consideration all the evidence on record it appears that amount awarded is on lower side. Learned Tribunal committed error in not applying the multiplier as per the schedule provided under the Motor Vehicles Act. Even if notional income is taken into consideration then too, the income of the deceased ought to have been assessed as Rs. 15,000 per annum.

5.Since appellants have adduced the evidence, therefore, income of the deceased is assessed @ Rs. 18,000 per year. After deducting one-third of the amount towards personal expenses, the loss of dependency is assessed Rs. 12,000 per year. After applying the multiplier of 16, appellants are entitled for a sum of Rs. 1,92,000 towards loss of dependency. The appellants are also entitled for the amount i.e., Rs. 8,000 towards loss of love and affection and towards funeral expenses. Thus, the total amount for which the appellants shall be entitled is Rs. 2,00,000. The enhanced amount shall carry interest @ 6% per annum from the date of accident.

With the aforesaid modification, the appeal stands disposed of. No order as to cost.

C.C. as per rules.