RAMBAI Vs. MAHESH SINGH

JUDGEMENT

(1.) Claimants have filed this appeal for enhancement of compensation under section 173 of Motor Vehicles Act, 1988 against the award dated 22.8.1996 passed by the Additional Motor Accidents Claims Tribunal, Gohad, District Bhind, Madhya Pradesh in Claim Case No. 14 of 1994.

(2.) Brief facts of the case are that the deceased Motiram was a fruit vendor. He was aged about 25 years. On 2.2.1994 the deceased was coming on a scooter towards Gohad from Gohad Chauraha; near Mandi and Deepak Dal Mill the offending bus No. MKH 7730 was coming from the opposite side. The vehicle was: being driven rashly and negligently. The bus came towards the wrong side and hit the scooter of the deceased. Because of the said accident the deceased died on spot. Respondent No. 1, who was driving the said bus, did not stop the bus and ran away from the spot. The incident was reported to Police Station, Gohad. The respondent No. 1 was arrested and the bus was also seized and after the investigation charge-sheet was filed. The claimants, who are the widow, father and mother of the deceased, have jointly filed claim petition claiming compensation of Rs. 20,10,000.

(3.) The Tribunal found that the deceased was a fruit vendor and was involved in selling fruits on a handcart and held that he was earning Rs. 50 per day for 25 days in a month and assessed his income at Rs. 1,250 per month and after deducting an amount of Rs. 350 towards personal expenses assessed the amount of dependency as Rs. 900 per month and Rs. 10,800 per year. After applying multiplier of 17 the Tribunal assessed the compensation of Rs. 1,83,600 and also awarded a sum of Rs. 9,500 in various other heads. Thus, the Tribunal awarded the total compensation of Rs. 1,93,100 with interest at the rate of 12 per cent per annum from the date of application and apportioned the amount between all the claimants, equally. Against which the claimants have filed this appeal for enhancement of compensation.