KHILESHWARI Vs. BHAKOLI DAS MANIKPURI

JUDGEMENT

(1.) THE unfortunate parents and younger brother of deceased Sidheshwar Sahu, aged about 18 years are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 01.12.2010, passed in Claim Case No.127/2010.

(2.) AS against the compensation of Rs.12,10,000/- claimed by the appellants/ claimants, unfortunate parents and younger brother of deceased Sidheshwar Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 14.05.2010, the Tribunal awarded a total sum of Rs.1,22,000/- 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.100/- per day; 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 10, the compensation was worked out to Rs.1,20,000/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.1,22,000/- as compensation to the claimants for the death of deceased Sidheshwar Sahu in the motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.1,22,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.