- (1.) THIS appeal have been filed against the award dated 5.5.2007 passed by Judge, Motor Accident Claims Tribunal Sambhar lake, District Jaipur in MACT case No.35/2005 whereby the claimants have been awarded compensation in the amount of Rs. 4,45,000.00 for the death of Mirajul Islam.
(2.) THE facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary. Brief facts relating to this case are that on 29.1.2005 Shri Mirajul Islam, Smt. Mumtaj Begam, Juber Ahmed and Sudeep Datta were going from Delhi towards Ajmer by Indica Car No. DL 3 C U 9528. When this car reached in front of Hotel Rose, a Bus No. RJ 19 1 P 0871 which was being driven rashly, negligently and with excessive speed by its driver came nd hit the Indica car. Because of hit Smt. Mumtaj Begam, Juber Ahmed and Sudeep Datta sustained serious injuries and Shri Mirajul Islam died. The claimants filed claim petition before the MACT. The respondent No.1 the driver of the bus did not appear before the MACT however exparte proceedings were done against him. The respondent No.2 the owner of the bus contested the claim and filed its reply. On the basis of the pleadings of the both the sides issues were framed and statements of witnesses were recorded. After hearing the arguments of both the sides, the MACT decided issues 1,2, and 4 in favour of the claimants. While deciding issues 3 and 5 the MACT awarded merely a sum of Rs. 4,45,000.00 to the claimants along with 6 per cent interest.
(3.) THE learned counsel for the claimant appellants has argued that the MACT has manifestly erred in awarding merely a sum of Rs.4,45,000.00. The deceased at the time of death was aged 33 years and he was running NGO named as Green Asam Society, used to earn about Rs. 5,000.00 per month. The MACT erred in assessing income of the deceased as Rs. 3,000.00 and his contribution towards the family as two third of it. The MACT has not taken into consideration the future prospects of the deceased. A very low multiplier of 17 was applied. Under the head of consortium a very low amount was awarded. The MACT has also erred in awarding 6 per cent interest. The interest should have been 12 per cent.;