UPNARAYAN GURWANI Vs. BHUSHAN PRASAD SAHU

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 17.07.2005, passed in Claim Case No.140/2004.

(2.) AS against the compensation of Rs.24,50,000/-, claimed by the appellants/claimants, unfortunate parents of deceased Kailash Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 08.01.2003, the Tribunal awarded a total sum of Rs.1,35,000/- as compensation to the claimants along with interest @ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award.

(3.) THE Tribunal assessed the income of the deceased at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicle Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 13, the compensation was worked out to Rs.1,30,000/-. By awarding further sum of Rs.5,000/- under other heads, the Tribunal awarded a total sum of Rs.1,35,000/- as compensation to the claimants for the death of their son Kailash Kumar in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.1,35,000/- @ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award.