DINESH AGRAWAL Vs. OMPRAKASH SINGH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the 10th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 13.10.2010, passed in Claim Case No.15/2010.

(2.) AS against the compensation of Rs.13,00,000/- claimed by the claimants, unfortunate parents of deceased Chandan Kumar Agrawal by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for his death on 15.07.2008 on account of the injuries sustained by him in the motor accident on 02.07.2008, the Tribunal awarded a total sum of Rs.1,67,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(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 Vehicles Act, 1988. By deducting 50% of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.7,500/- per annum. By multiplying the annual dependency of Rs.7,500/- with the multiplier of 10, the compensation was worked out to Rs.75,000/-. By awarding further sum of Rs.80,000/- towards medical expenses and Rs.12,000/- under other heads, the Tribunal awarded a total sum of Rs.1,67,000/- as compensation to the claimants for the death of their son Chandan Kumar Agrawal in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.1,67,000/- @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. AS the insurer of the Minibus and the Truck were held liable to pay 50% of the compensation assessed, the Tribunal directed both the insurance companies to pay Rs.83,500/- each to the claimants along with interest due thereon @ 6% per annum.