M.A. No. 3143/2009
12.05.2010:
Shri Anish Chouksey, Advocate is present for the
appellants.
Heard on I.A. No. 13266/09, which is an application
under Section 5 of the Limitation Act for condonation of delay
in preferring this appeal.
The appeal is reported to be barred by 2 days.
For the reasons stated in the application, same is
allowed. The delay in preferring the appeal is condoned.
Heard on the question of admission.
Being dissatisfied with the award dated 2.5.2009,
passed by 13th Addl. M.A.C.T. Bhopal (hereinafter referred to
as Tribunal) in M.C.C. No. 1881/08, appellants have preferred
this appeal for enhancement of compensation.
Appellants/claimants preferred a claim for compensation
to the tune of Rs. 30,50,000/-, on account of death of
Sangeeta Sahare in the motor accident due to rash and
negligent driving of jeep No. MP 28-A/2257 by respondent
No.1, owned by respondent No.2 and insured with
respondent No.3.
Deceased Sangeeta Sahare was the wife of appellant
No.1 and mother of appellants No. 2 to 6. She was aged
about 48 years. There was no positive evidence of her
monthly income, however the Tribunal assessed the monthly
income of the deceased to be Rs. 3,000/- per month and after
deducting one third amount towards her personal expenses,
applying the multiplier of 13, awarded total compensation of
Rs.3,12,000/- to the appellants/claimants.
Learned counsel for the appellants submitted that the
compensation awarded was inadequate.
Looking to the age of the deceased, the proper
multiplier was applied by the tribunal. Deceased was a house
hold lady, her income was correctly assessed at the rate of
Rs.3,000/- per month and just compensation has been
awarded in the facts and circumstances of the case.
No case for enhancement of compensation to the
appellants is made out.
Appeal is dismissed summarily.
(Smt. Sushma Shrivastava)
Judge
gn