MANHARAN LAL KAUSHIK Vs. SUBHASH GIRI

JUDGEMENT

(1.) The unfortunate parents of deceased Narad Kaushik are the appellants before us in this appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 24.03.2007, passed in Claim Case No. 119/2006. As against the compensation of Rs. 22,63,000/- claimed by the appellants/claimants, unfortunate parents of deceased Narad Kaushik, by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 10.01.2006, the Tribunal awarded a total sum of Rs. 2,11,000/- as compensation along with interest @ 6% 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 the claimants' son Narad Kaushik died on account of the injuries sustained by him in the motor accident on 10.01.2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. C.G.-04/ZC-0216; as the above offending vehicle Truck on the date of the accident was insured with the Oriental Insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.

(3.) The Tribunal assessed the income of the deceased at Rs. 2,000/- per month and Rs. 24,000/- per annum. By deducting 1/3rd of Rs. 24,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 16,000/- per annum. By multiplying the annual dependency of Rs. 16,000/- with the multiplier of 11, the compensation was worked out to Rs. 1,76,000/-. By awarding further sum of Rs. 35,000/- under other heads, the Tribunal awarded a total sum of Rs. 2,11,000/-, as compensation to the claimants for the death of their son Narad Kaushik in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 2,11,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.