NARENDRA KOSARE Vs. KUNDAN LAL BAIRWA

JUDGEMENT

(1.) THE unfortunate parents of deceased Dixit Kumar are the appellants before us in this appeal for enhancement of the compensation awarded by 7th Additional Motor Accident Claims Tribunal, Durg, (for short 'the Tribunal') vide award dated 31.01.2009, passed in Claim Case No.47/2007.1. The unfortunate parents of deceased Dixit Kumar are the appellants before us in this appeal for enhancement of the compensation awarded by 7th Additional Motor Accident Claims Tribunal, Durg, (for short 'the Tribunal') vide award dated 31.01.2009, passed in Claim Case No.47/2007.

(2.) AS against the compensation of Rs.20,00,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Dixit Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 01.10.2006, the Tribunal awarded a total sum of Rs.2,49,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.2. As against the compensation of Rs.20,00,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Dixit Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 01.10.2006, the Tribunal awarded a total sum of Rs.2,49,500/- 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.3,000/-per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.9,500/- under other heads, the Tribunal awarded a total sum of Rs.2,49,500/- as compensation to the claimants for the death of deceased Dixit Kumar in the motor accident. The Tribunal further directed payment of interest- on the above amount of compensation of Rs.2,49,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.4. The Tribunal assessed the income of the deceased at Rs.3,000/-per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.9,500/- under other heads, the Tribunal awarded a total sum of Rs.2,49,500/- as compensation to the claimants for the death of deceased Dixit Kumar in the motor accident. The Tribunal further directed payment of interest- on the above amount of compensation of Rs.2,49,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.