NARENDRA SAHU Vs. KUSHAL SAHU

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the 12th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 19.02.2010, passed in Claim Case No.133/2009.

(2.) AS against the compensation of Rs.17,00,000/- claimed by the appellants/claimants, unfortunate husband and major son of deceased Smt Ramkunwar by filing a claim petition under Section 166 of the Motor Vehicles Act for her death in the motor accident on 01.02.2007, the Tribunal awarded a total sum of Rs.1,32,000/- 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 notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles 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.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.1,32,000/- as compensation to the claimants for the death of deceased Smt Ramkunwar in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.1,32,000/- @ 6% per annum from the date of the filing of the claim petition till the date of actual payment.