JUDGEMENT
JASPREET SINGH,J. -
(1.) These bunch of four first appeals from order arise out of a single accident, in terms whereof four persons travelling in a matador, expired
and their legal heirs have filed the respective claim petitions. All four
claim petitions were allowed by the claims tribunal by means of the award
dated 09.09.2009 passed by the Special Additional District Judge
(E.C.Act), Lucknow, acting as Motor Accident Claims Tribunal.
(2.) The claimants/appellants in all four appeals are aggrieved against the award and they have assailed the award seeking enhancement on the ground
that the tribunal has erred in deducting 50% of the amount so awarded on
the ground that the owner and driver of the other vehicle involved in
accident was not impleaded whereas it was clearly a case of composite
negligence and as such the claimants were required and entitled to
receive the compensation from either of the joint tort feasors i.e. the
respondents and thus the tribunal has erred in deducting the amount from
the compensation so granted.
(3.) The other ground raised is that the multiplier in certain cases have been incorrectly applied and the deduction for personal expenses have
been incorrectly made and in all the cases the future prospects have not
been considered and the consortium is highly inadequate thus it is prayed
that in all four appeals enhancement be allowed.;
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