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2004 Supreme(MP) 85

ARUN MISHRA, N.S.AZAD
NATIONAL INSURANCE CO. LTD – Appellant
Versus
SARVANLAL – Respondent


N. S. AZAD, J.

( 1 ) THE appellant insurer has assailed the award dated 25. 11. 2003 passed by Motor Accidents Claims Tribunal, balaghat, in Claim Case No. 62 of 2002, wherein an amount of Rs. 1,80,000 is awarded to respondent-claimant Nos. 1 and 2, for death of their son, Vijay Kumar, aged 18 years.

( 2 ) ACCORDING to claimant-respondent nos. 1 and 2, on 29. 4. 2002 when deceased vijay Kumar was working under the employment of non-applicant No. 2, owner of tractor No. MP 20-B 6420, as a loader (hammal), on aforesaid tractor, he got crushed under the wheel of the tractor, when non-applicant No. 1 Manohar drove the said tractor rashly and negligently at balaghat-Baihar Road near railway crossing and Vijay Kumar, who was sitting in the tractor along with other loaders fell to the ground and thus came under the wheel.

( 3 ) THE learned Tribunal adjudged the deceased's income to be Rs. 2,000 per month on the basis of thorough assessment of the evidence adduced on behalf of the respondents-claimants and thus held the annual dependency to be Rs. 10,770. Applying the appropriate multiplier of 16, an amount of Rs. 1,72,500 is arrived at for the death of Vijay Kumar. Rs. 2,000 is awarded as











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