MEENA Vs. PRAYAGRAJ

JUDGEMENT

(1.) Leave granted.

(2.) The injured was the claimant before the Motor Accidents Claims Tribunal, who died during the pendency of this appeal on 25/1/2024. The husband and the two daughters, who are the legal heirs of the original claimant, have been substituted as the appellants.

(3.) An accident occurred on 4/6/2005, when the injured was travelling in a bus. There was 100% disability assessed by the doctor, who was examined before the Tribunal. Both the Tribunal and the High Court has accepted the percentage of disability. The original appellant (deceased), at the time of the accident was 50 years old and accepting her monthly income as Rs.3,000.00, a multiplier of 13 was applied and the total loss of income was assessed as Rs.4,60,000.00 by the Tribunal. The Tribunal also awarded Rs.50,000.00 for pain and suffering and Rs.1,20,000.00 for attendant charges; computing the monthly expense at the rate of Rs.2,000.00 for five years. The actual bills produced for the medical expenses comes to Rs.1,68,970.00 and an additional amount of Rs.50,000.00 for nutritional and transportation was granted, thus totaling Rs.8,56,970.00.