INDRANI Vs. REKH RAM

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Ninth Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 05.09.2009, passed in Claim Case No.113/2009 (Old No.80/2008.

(2.) AS against the compensation of Rs.14,93,000/- claimed by the appellants/ claimants, unfortunate widow and major sons of deceased Ramkumar Verma, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 17.07.2008 on account of the injuries sustained by him in the motor accident on 06.09.2007, the Tribunal awarded a total sum of Rs.2,32,000/- 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 the 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 8, the compensation was worked out to Rs.80,000/-. THE Tribunal awarded further sum of Rs.2,000/- towards funeral expenses and Rs.1,50,000/- towards medical expenses and as such awarded a total sum of Rs.2,32,000/- as compensation to the claimants for the death of deceased Ramkumar Verma in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.2,32,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.