LALITA BHAGAT Vs. CHANDRAJEET YADAV

JUDGEMENT

(1.) Appeal arises from the Award passed by the Additional Motor Accident Claims Tribunal (F.T.C.), Jashpur, District Jashpur, Chhattisgarh in Claim Case No.18 of 2013. Grievance is in respect of the quantum of compensation awarded by the Tribunal, which is stated to be on the lower side.

(2.) The deceased by name, Babulal stated as aged about 39 years was proceeding on his bicycle when he was knocked down by the offending Truck bearing No.BR-01/GB/6280, owned by the 1st Respondent, driven by the 2nd Respondent and insured by the 3rd Respondent. This led to claim petition filed by the widow and three minor children of the deceased before the Tribunal. The claim was mainly resisted on quantum and negligence. On conclusion of the trial, the Tribunal, based on the materials on record, held that the accident was solely because of the negligence on the part of the 2nd Respondent/driver of the offending Truck. With regard to the quantum of compensation, the Tribunal reckoned Rs.3,000/- as notional monthly income and adopting a multiplier of 15 and effecting a deduction of 1/4 towards personal expenses, worked out the compensation towards loss of dependency as Rs.4,05,000/-. Awarding a sum of Rs.5,000/- towards funeral expenses and a further sum of Rs.5,000/- towards loss of consortium, a total sum of Rs.4,15,000/- was fixed as the compensation, which was directed to be satisfied with interest at the rate of 6% per annum from the date of filing of claim application. The liability was mulcted upon the 3rd Respondent/Insurance Company on the strength of the valid insurance policy issued in this regard.

(3.) The learned counsel for the Appellants submits that no future prospects have been considered by the Tribunal and further that, the notional monthly income itself is much on the lower side.