MANEETA SINGH Vs. VIRENDRA PRATAP SINGH

JUDGEMENT

(1.) The claimants in the Motor Accident Claims Tribunal are before this Court seeking enhancement of the compensation as awarded by the High Court wherein there was substantial enhancement from the award of the Tribunal.

(2.) Facts not in dispute are that on 13/9/2008, an accident occurred at around 08.30 am. A vehicle, driven rashly and negligently collided with the car in which the husband of the first appellant was travelling, killing him on the spot. It was the contention of the claimants that the deceased was engaged in videography and computer mixing work and used to earn Rs.7,000.00 (Rupees seven thousand) per month. The applicants claimed for a total compensation of Rs.20.00 lakhs (Rupees twenty lakhs) against which the Tribunal awarded Rs.1,77,000.00 (Rupees one lakh and seventy-seven thousand). The Tribunal found that there was no evidence to prove the income claimed by the family of the deceased and hence adopted Rs.15,000.00 per month as the income, made mention of, in the Second Schedule to the Motor Vehicles Act, 1988.

(3.) The High Court enhanced the same to Rs.48,000.00 (Rupees forty-eight thousand) per annum and also awarded amounts as directed in the case of National Insurance Company Ltd. v. Pranay Sethi and Others, (2017) 16 SCC 680 and enhanced the compensation to Rs.7,39,000.00 (Rupees seven lakh and thirty-nine thousand).