K. J. THAKER, AJAI TYAGI
Raj Mala – Appellant
Versus
Surendra Kapoor – Respondent
JUDGMENT :
Kaushal Jayendra Thaker, J.
1. Heard Sri Amit Kumar Singh, learned counsel for the appellants and Sri Siddharth Jaiswal, learned counsel for respondent-Insurance Company.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 14.12.2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 16, Agra (hereinafter referred to as 'Tribunal') in Claim Petition No. 563 of 2008 awarding a sum of Rs. 3,69,500/- as compensation with interest at the rate of 6% from date of filing of the claim petition.
3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded.
4. The accident took place on 6.5.2008. The deceased, as per the claimants, was 33 years of age at the time of accident but the Tribunal has considered his age to be 40 to 45 years. The Tribunal considered his income to be Rs. 3,000/- per month, deducted 1/3rd towards personal expenses of the deceased, granted multiplier of 15, awarded Rs. 9,500/- tow
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