SMT SUSHMA YADAV Vs. NARESH KUMAR KHANYURIYA

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya (for short 'the Tribunal') vide award dated 16.03.2006, passed in Claim Case No.02/2004.

(2.) AS against the compensation of Rs.20,04,651/-, claimed by the appellants/claimants, unfortunate widow and minor children of deceased Dharmsingh @ Baccha Yadav, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 07.09.2003 on account of the injuries sustained by him in the motor accident on 01.09.2003, the Tribunal awarded a total sum of Rs.1,95,000/- as compensation to the claimants along with interest @ 9% 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 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 17, the compensation was worked out to Rs.1,70,000/-. By awarding further sum of Rs.9,000/- towards medical expenses; Rs.9,000/- for transportation of the body; Rs.5,000/- for loss of consortium to the widow; and Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.1,95,000/- as compensation to the claimants for the death of deceased Dharmsingh @ Baccha Yadav in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.1,95,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment.