Rajendra Menon, J. - (1.)This appeal is for enhancement of compensation awarded by the VI Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 27 of 1993 vide award dated 29.8.1997.
(2.)It is contended that the appellant No. 1 is mother of the deceased Matadeen and appellant Nos. 2 and 3 are the dependent brother and sister of Matadeen, who was aged 22 years and died on 3.2.1993 when he was travelling in truck No. CPH 7790 from Gwalior to Guna, at about 2 in the night, a truck bearing No. CPG 7590 came from the opposite direction dashed against the truck in which Matadeen was travelling, as a result of the accident, Matadeen died on the spot. Matadeen was working in CIMCO Factory, Gwalior, he was earning Rs. 2,200 p.m. and Rs. 300 as overtime. That apart, he was being paid Rs. 4,000 as annual bonus. Accordingly, claim made was for payment of Rs. 13,42,000 as compensation.
(3.)After considering the material that had come on record, the learned Tribunal by the impugned judgment has awarded a compensation of Rs. 1,24,000 along with interest at the rate of 12 per cent. It is submitted by Mrs. Meena Singhal, the learned counsel for the appellants that from the statement of the claimants' witness No. 1, Ochi Bai and claimants' witness No. 2, Madan Singh Yadav and salary certificate, Exh. P-1, the deceased was earning a sum of Rs. 1,877 per month. That apart, he was getting Rs. 300 as overtime and Rs. 4,000 as bonus. In spite of the above, while calculating dependency, amount of Rs. 900 per month has been deducted towards self expenses and the annual dependency has been assessed at Rs. 10,800, which according to learned counsel is not proper. It is submitted that after assessing the salary and income in accordance with the evidence and after considering income from future prospects, only1/3rd could be deducted for self expenses. Thereafter, considering the age of the deceased to be 22 years, appropriate multiplier of 18 should have been adopted. Accordingly, prayer is made for enhancement of the compensation. In support of the contention, reliance is placed on the following judgments: Prema v. Madhya Pradesh State Road Transport Corpn., 2001 ACJ 674 (MP); Chhotibai v. Doma Singh, 2002 ACJ 2048 (MP); Supe Dei v. National Insurance Co. Ltd., 2002 ACJ 1166 (SC); Nanhoo Lal v. Parvat Singh, 2001 ACJ 905 (MP); Kanhaiyalal v. Gammu, 2003 ACJ 820 (MP); C.G. Shrouti v. Badshah Khan, 2003 ACJ 854 (MP) and H.S. Ahammed Hussain v. Irfan Ahammed, 2002 ACJ 1559 (SC).