POOJA CHAMECHA Vs. MANCHIT RAO BHASKER

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (for short the Tribunal') vide award dated 15.03.2011, passed in Claim Case No. 102/2010.

(2.) AS against the compensation of Rs.10,05,000.00, claimed by the appellants/claimants, unfortunate widow, minor children and parents of deceased Dileep Dhamecha by filing a daim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 01.01.2009, the Tribunal awarded a total sum of Rs.2,81,400.00 as compensation along with interest @ 9% 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.3,000.00 per month and Rs.36,000.00 per annum By deducting 1/4th of Rs.36,000.00 towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.27,000.00per annum. By multiplying the annual dependency of Rs.27,000.00with the multiplier of 17, the compensation was worked out to Rs.4,59,000.00. By awarding further sum of Rs.10,000.00 under other heads, the Tribunal assessed the total compensation at Rs.4,69,000.00. As the driver of the Truck was held responsible for the accident to the extent of 60%, the insurer of the Truck was directed to pay 60% of Rs.4,69,000.00 i.e. Rs.2,81,400.00 as compensation to the claimants for the death of deceased Dileep Dhamecha in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,81,400.00 @ 9% per annum from the date of filing of the claim petition till the date of actual payment.