LAWS(CHH)-2012-1-29

RUKHMANI DEWANGAN Vs. ARVIND KUMAR PATEL

Decided On January 06, 2012
RUKHMANI DEWANGAN Appellant
V/S
ARVIND KUMAR PATEL Respondents

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 20.03.2007, passed in Claim Case No.60/2006.

(2.) AS against the compensation of Rs.10,98,000/- claimed by the appellants/ claimants, unfortunate widow, children and mother of deceased Kishan Lal Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 27.03.2006 on account of the injuries sustained by him in the motor accident on 17.03.2006, the Tribunal awarded a total sum of Rs.2,82,000/- 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.1,500/- per month and Rs.18,000/- per annum. By deducting 1/3rd of Rs.18,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.12,000/- per annum. By multiplying the annual dependency of Rs.12,000/- with the multiplier of 16, the compensation was worked out to Rs.1,92,000/-. By awarding further sum of Rs.28,000/- under other heads and Rs.62,000/- towards medical expenses, the Tribunal awarded a total sum of Rs.2,82,000/- as compensation to the claimants for the death of deceased Kishan Lal Sahu in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.2,82,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.