KRISHNA BAI Vs. RAM KHILAWAN RATHORE

JUDGEMENT

(1.) BY the instant appeal, preferred under Section 173 of the Motor Vehicles Act, 1988 (henceforth "the Act, 1988"), the appellants/claimants seek enhancement of the amount of compensation awarded by the Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 84/2003 by award dated 31 -8 -2004, whereby the claims Tribunal awarded compensation of Rs. 8,31,464/ - in favour of the appellants/claimants. The appellants/claimants filed a claim petition under Section 166 of the Act, 1988 claiming compensation of Rs. 40,07,375/ - for the death of Roop Singh, aged about 36 years, in a motor accident, which took place on 8 -8 -2003. Appellant No. 1 is wife, appellants No. 2, 3 and 6 are sons (minor), appellants No. 4 and 5 are daughters (minor) and appellant No. 7 is mother of deceased Roop Singh. The deceased was employed as a regular Assistant Fitter in S.E.C.L., Deepka Project, Gevea Area. On 8 -8 -2003, at about 6:00 P.M., the deceased was going on a motorcycle bearing registration No. CG 12 ZE 1615, being driven by his nephew Nutan Singh and owned by Sukhsingh Raj, from Gevra Hospital to his house at Sirki via Pragati Nagar. The motorcycle was being driven in balanced speed on left side of the road. As soon as they reached near Pragati Nagar Main Road, a jeep bearing registration No. CG 12 7017, coming from front side being driven by respondent No. 1 Ram Khilawan Rathore rashly and negligently, dashed the motorcycle heavily, due to which the motorcycle stuck in the jeep and riders of the motorcycle dragged along with the jeep upto a distance of about 50 metres. The deceased sustained grievous injuries in the accident and succumbed to the same at the place of occurrence itself. The incident was immediately reported in Police Outpost Deepka. Respondent No. 2 is owner and respondent No. 3 is insurer of the jeep.

(2.) THE Claims Tribunal, after hearing the parties and appreciating the evidence available on record, assessed monthly income of the deceased as Rs. 6,363/ -, i.e., yearly income as Rs. 76,356/ -, deducted 1/3rd share from his income towards his personal and living expenses and assessed annual loss of dependency as Rs. 50,904/ -, and applying multiplier of 16, computed compensation of (Rs. 50,904/ - x 16 =) Rs. 8,14,464/ - Awarding sum of Rs. 5,000/ - under the head; loss of consortium and sum of Rs. 12,000/ - under the head; loss of love and affection additionally, the Claims Tribunal awarded total compensation of (Rs. 8,14,464/ - + Rs. 17,000/ - =) Rs. 8,31,464/ - in favour of the appellants/claimants fastening liability on respondent No. 3/insurer to pay the same. The Claims Tribunal also awarded interest @ 6% per annum from the date of filing the claim petition till realization.

(3.) SHRI Vaibhav Shukla, learned counsel for respondent No. 2 and Shri Raj Awasthi, learned counsel for respondent No. 3 opposed the above argument.