R.D.SHUKLA, N.K.JAIN
Udaychand Jain – Appellant
Versus
Sukhvilas Jain – Respondent
N.K. Jain, J.
1. This is an appeal Under Section 173 of the Motor Vehicles Act, 1988 from the award dated 30th March, 1995 passed by the 1st Motor Accident Claims Tribunal, Ujjain in Claim Case No. 5/93 awarding compensation of Rs. 3,70,905/- to the respondent claimants in a fatal accident action.
2. The respondents claimants are the mother, widow and the children of Saubhagmal, aged 38 years who died in a motor accident that occurred on 21.10.1992 at Nagda District Ujjain, involving a tanker owned by the appellant No. 1 driven by the appellant No. 2 and insured with the appellant No. 3. The New India Assurance Co. Ltd. for third party risk.
3. The deceased Saubhagmal at the time of his unfortunate death was employed with Bharat Commerce Industries on a monthly salary of Rs. 1,565.69. These facts alongwith the finding of the Tribunal that the accident occurred due to actionable negligence on the part of the driver of the vehicle are not disputed before us.
4. The Tribunal while assessing the compensation has adopted multiplier method. The dependency was calculated at Rs. 24,000/- per annum, while a multiplier of 15 was applied. Accordingly a sum of Rs. 3,60,000/- was assessed a
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