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2012 DIGILAW 908 (RAJ)

Kesar Bai v. Rajesh Kumar

2012-04-11

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Claimants have filed this appeal on 18.08.1999 for enhancement of amount of compensation of Rs.3,12,600/- awarded by learned Motor Accident Claims Tribunal, Kota, in MAC Case No.1449/1998 (80/93), vide its award dated 13.05.1999. It was admitted on 11.01.2007. Despite several opportunities, appellants did not file correct notices till date. It shows that appellants are not interested to prosecute the appeal. In an accident took place on 23.11.1992, Mangilal died on account of rash and negligent driving of offending vehicle. Learned Tribunal recorded that at the time of accident deceased Mangilal was 45 years of age. He was working as helper in the Rajasthan State Electricity Board. On the basis of documentary evidence, learned Tribunal determined income of deceased at Rs.2601/- and, keeping in view his age, deducted 1/3rd therefrom for his personal expenses and assessed monthly loss of dependency at Rs.1700/-, and learned Tribunal made it double keeping in view future prospects. In view age of deceased, learned Tribunal applied multiplier of 7 and awarded compensation of Rs.2,85,600/- for loss of dependency. Learned Tribunal further awarded Rs.5000/- for loss of love and affection and loss of care in old age to appellant no.1 mother of deceased, Rs.10,000/- to appellant no.2, his wife, for loss of consortium, Rs.5000/- each to appellants no.3 and 4, who are children, for loss of love and affection, and Rs.2000/- for funeral expenses. Thus, a total amount of Rs.3,12,600/- has been awarded as compensation. I do not find any infirmity in finding recorded by learned Tribunal and it has rightly award compensation. The appeal, being devoid of any merit, is hereby dismissed.