LAWS(CHH)-2011-8-57

MALAWATI NAYAK BAI Vs. RAMJI SAHU

Decided On August 16, 2011
Malawati Nayak Bai Appellant
V/S
Ramji Sahu Respondents

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the tribunal') vide award dated 05.11.2007, passed in Claim Case No.64/2007.

(2.) AS against the compensation of Rs. 15,00,000.00 claimed by the appellants/ claimants, unfortunate widow, minor son and mother of deceased Tejram Nayak, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for his death in the motor accident on 21.02.2007, the Tribunal awarded a total sum of Rs. 1,48,000.00 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. 1,500.00 per month and Rs. 18,000.00 per annum. By deducting 1/3rd of Rs. 18,000.00 towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.12,000.00 per annum. By multiplying the annual dependency of Rs.12,000.00 with the multiplier of 12, the compensation was worked out to Rs.1,44,000.00. By awarding further sum of Rs.4,000.00 under other heads, the Tribunal awarded a total sum of Rs. 1,48,000.00 as compensation to the claimants for the death of deceased Tejram Nayak in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,48,000.00 @ 6% per annum from the date of filing of the claim petition till the date of actual payment.