- (1.) HEARD the learned Counsel for the insurer appellant.
(2.) THIS appeal has been filed under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of the Motor Accidents Claim Tribunal, Jhansi, determining an amount of Rs. 2,32,000/ - as just compensation to which the dependents of the deceased Samar Bahadur were found entitled to on account of his untimely death having been caused in an accident involving the offending motor vehicle a bus which was ensured by the present appellant covering the risk. The Tribunal after carefully considering the evidence and materials brought on record, had come to the conclusion that at the time of death the age of the deceased was about 52 -53 years. He was a retired constable in Border Security Force. His income was held to be Rs. 2,500 per month excluding 1/3 amount of the sum, which the deceased might have been spending upon himself, the annual dependency was taken to be at a figure of Rs. 20,000 per annum and utilizing the multiplier of 11, the tribunal had calculated the amount of compensation which included the amount of Rs. 5,000 for loss of consortium and another Rs. 5,000 for loss of love and affection etc. together with an amount of Rs. 2,000 to meet the expenses incurred in the last rites.
(3.) IT may be noticed at this stage that the claimants had come up with a case that the deceased was the sole bread earner of the family which consisted of his wife, 3 daughters and one son.;