LAWS(MPH)-2012-11-141

PREMLATA Vs. GORDHANLAL

Decided On November 27, 2012
PREMLATA Appellant
V/S
Gordhanlal Respondents

JUDGEMENT

(1.) Being aggrieved by the award dated 24.3.2006 passed by the M.A.C.T., Jaora in Claim Case No. 44 of 2005 whereby the claim petition filed by the appellants was allowed and compensation of Rs. 2,01,500 was awarded on account of death of one Kantilal aged 54 years who died in a motor accident which took place on 21.11.2004, the present appeal has been filed.

(2.) Short facts of the case are that appellants filed a claim petition alleging that on 21.11.2004 when Kantilal was going on foot, he was dashed by the offending tractor, as a result he sustained injuries and died and tractor also turned turtle, with the result respondent No. 1 also sustained injuries. The claim petition was contested by respondent No. 2 on various grounds including on the ground that respondent No. 1 was not possessing a valid driving licence who was also owner of the vehicle and since deceased Kantilal was travelling in the said tractor, therefore, there was breach of policy and respondent No. 2 is not liable for compensation. After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded the compensation as stated above, against which the present appeal has been filed.

(3.) Learned counsel for the appellants submits that learned Tribunal assessed the income at the rate of Rs. 3,000 per month and after deducting 73rd towards personal expenses applied the multiplier of 8. It is submitted that application of multiplier of 8 is on lower side as deceased was in the age group of 50-55 years. It is submitted that since deceased was agriculturist and was owner of 16 bighas of land and was doing part-time job of accounts, therefore income assessed is on lower side. It is submitted that appeal be allowed and amount be enhanced.