LAWS(CHH)-2011-5-20

RAM BAI Vs. SOURABH KAIKRE

Decided On May 03, 2011
Smt. Ram Bai and Ors. Appellant
V/S
Sourabh Kaikre and Ors. Respondents

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (for short, 'the Tribunal') vide award dated 22.01.2005, passed in Claim Case No. 17 of 2003.

(2.) As against the compensation of Rs. 15,50,000/- claimed by the Appellants/ claimants, unfortunate widow and minor children of deceased Sita Ram Singh, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 27.07.2002, the Tribunal awarded a total sum of Rs. 5,06,440/- as compensation to the claimants along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal held that the insurer of the offending vehicle Scooter bearing registration No. M.P.09JJ/2930 liable to pay compensation to the claimants. The Tribunal by assessing the income of the deceased at Rs. 5,500/- per month and the claimants' dependency at Rs. 3,670/- per month and Rs. 44,040/- per annum and multiplying the above annual dependency with the multiplier of 11, worked out the compensation at Rs. 4,84,440/-. By awarding further sum of Rs. 22,000/- under other heads, the Tribunal awarded a total sum of Rs. 5,06,440/- as compensation to the claimants for the death of deceased Sita Ram Singh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 5,06,440/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.