LATA BAI Vs. DHANESH KUMAR SAHU

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari, (for short 'the Tribunal') vide award dated 18.08.2009, passed in Claim Case No. 163/2008.

(2.) AS against the compensation of Rs.34,50,000.00 claimed by the appellants/ claimants, unfortunate widow and children of deceased Chabiram Gound, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 25.04.2008, the Tribunal awarded a total sum of Rs.91,000.00 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.15,000.00per annum. By deducting 1/3rd of Rs.15,000.00 towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,000.00 per annum. By multiplying the annual dependency of Rs. 10,000.00 with the multiplier of 16, the compensation was worked out to Rs. 1,60,000.00. By awarding further sum of Rs.22,000.00 under other heads, the Tribunal assessed the total compensation at Rs. 1,82,000.00. As the driver of Mahindra Maxx was held responsible for the accident to the extent of 50% only, the insurer of the Mahindra Maxx was directed to pay 50% of Rs.1,82,000.00i.e. Rs.91,000.00 as compensation to the claimants for the death of deceased Chabiram Gound in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.91,000.00 @ 6% per annum from the date of filing of the claim petition till the date of actual payment.