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2024 Supreme(Online)(MP) 21224

HIGH COURT OF MADHYA PRADESH
Harkunwar – Appellant
Versus
Naseem Ali – Respondent


Advocates:
S.S.Rajput,

ORDER

This miscellaneous appeal has been preferred by the appellants/claimants for enhancement of the amount awarded by 4th Additional MACT, Fast Track Court, Shivpuri in Claim Case No.62/2009 whereby MACT has awarded an amount of Rs. 5,56,800/- alongwith interest @ 7.5% per annum to the claimants for the death of Ashok Jatav who died in a vehicle accident.

2 . The necessary facts for disposal of this appeal are that on 1.6.2009 deceased Ashok Jatav along with his wife Harkuwar and one Badri was going on motorcycle from Manopur to Bus-stand Kailaras. Before Jagatpur driver of truck bearing No.UP 78 AT 3812 by driving the said truck rashly & negaligently came from the side of Shivpuri and dashed the motorcycle of Ashok Jatav, as a result of which Ashok Jatav died on the spot and Harkuwar and Badri suffered grievous injuries.

3. Learned counsel for the appellants submits that learned Claims Tribunal has assumed the income of deceased as Rs.3,600/- per month, deducted 1/4th towards personal & living expenses of the deceased and thereby found dependency of the claimants on the deceased as Rs.32,400/- per year, applied multiplier of 17, awarded Rs.6,000/- on other heads and passed

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