SARSWATI YADAV Vs. TIKARAM VERMA

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Ninth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 31.07.2009, passed in Claim Case No. 95/2009. As against the compensation of Rs. 9,24,000/- claimed by the appellants/claimants, unfortunate widow and major sons of deceased Ghasiya Yadav, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 18.12.2007, the Tribunal awarded a total sum of Rs. 1,58,000/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Ghasiya Yadav died on account of the injuries sustained by him in the motor accident on 18.12.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tractor-Trolley bearing registration Nos. CG-04/DA-5632 and C.G.-04/2C-8234 respectively; as Tikaram Verma and Ramratan Verma were owners of the above Tractor-Trolley respectively and the same was being driven at the time of the accident by Neeleshwar @ Neele, all of them were jointly and severally liable to pay compensation to the claimants.

(3.) The Tribunal assessed the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum. By deducting 2/3rd of Rs. 36,000/- 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 13, the compensation was worked out to Rs. 1,56,000/-. By awarding further sum of Rs. 2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs. 1,58,000/- as compensation to the claimants for the death of deceased Ghasiya Yadav in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,58,000/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment.