RADHIKA AND ORS. Vs. NATIONAL INSURANCE CO. LTD. AND ORS.
LAWS(ALL)-2015-3-298
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on March 20,2015

Radhika and Ors. Appellant
VERSUS
National Insurance Co. Ltd. and Ors. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the appellants and Mr. B. C. Pandey, learned counsel for the respondent-Insurance Bank.
(2.) This is an appeal under Section 173 of the Motor Vehicles Act against the impugned award dated 21.3.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 10, District Faizabad, in Claim Petition No. 61 of 2005. The appeal has been preferred for enhancement of compensation awarded by the Tribunal. The Tribunal has awarded the amount of Rs. 2,13,500/- as compensation assessing the income of the deceased @ Rs.18000/- per annum. The age of the deceased was about 30-35 years. Hence, keeping in view the age of the deceased, the multiplier of "17" has been applied by the Tribunal in accordance to Schedule II of the Motor Vehicles Act. So far as use of multiplier is concerned, there appears to be no dispute. However, appellants are aggrieved with the income assessed by the Tribunal to the tune of Rs. 18,000/- per annum.
(3.) Admittedly, while filing the claim petition, the appellants/claimants stated that the income of the deceased at the time of death was Rs. 15,000/- per month. However, in the absence of any documentary evidence, the tribunal has assessed the income as Rs.15,000/- per month.;


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