RAJENDRA PRASAD SHUKLA Vs. AMIT KUMAR TIWARI

JUDGEMENT

(1.) This appeal is for enhancement of the compensation awarded by the IIIrd Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja, in Claim Case No. 68/2012, in connection with the death of the deceased aged about 17 years.

(2.) The deceased by name Kumari Sonam Shukla was proceeding for picnic in the vehicle i.e. Bus bearing registration No. CG-07LW-9909, driven by 1st Respondent, owned by 2nd Respondent and insured by 3rd Respondent. When the vehicle reached the place of accident on 23.12.2011, because of the rash and negligent driving, it hit a mango tree causing fatal injuries to the deceased leading to her death which was sought to be compensated by filing claim petition before the Tribunal by the Parents and sibling.

(3.) The claim was resisted mainly on the quantum and negligence. Existence of a valid policy was admitted by the Insurer. On conclusion of the trial, the Tribunal arrived at a finding that the accident was solely because of the negligence on the part of the 1st Respondent Driver and proceeded to fix compensation accordingly. In view of the fact that the deceased was a student, notional monthly income was fixed as Rs.3,000/-. Deducting 1/3 towards the personal expenses and reckoning the remaining 2/3 as the probable contribution to the family and adopting a multiplier of '18', the loss of dependency was fixed as Rs.1,80,000/-. The Tribunal awarded a sum of Rs.7,000/- towards the 'funeral expenses' and Rs.10,000/- towards the 'loss of love and affection' and the total compensation payable was fixed as Rs.2,07,000/- which was directed to be satisfied with interest at the rate of 6% from the date of filing of the claim petition. Since the policy was admitted, the liability came to be mulcted upon the 3rd Respondent / Insurance Company.