MANIHAR SINGH Vs. RAVI KUMAR

JUDGEMENT

(1.) This appeal arises out of the award dtd. 10/2/2015 passed by 7th Additional Motor Accident Claims Tribunal, Bilaspur, District-Bilaspur (C.G.) in Claim Case No. 18/2014 awarding a compensation of Rs.3,28,500.00 with interest @ 6% per annum, in favour of the appellants/claimants for their irreparable loss.

(2.) The averment in the claim petition, in brief, is that on 20/10/2013 when Ashok Kumar (now deceased) was going on his motorcycle from village Khairjhiti to Belgehna and when he reached nearby Village Dar Sagar main road where a truck bearing registration No. CG-16-A-1879 has already been parked by respondent No. 1 on the road without any indicator or signal, due to which Ashok Kumar (deceased) collided with the offending vehicle and he suffered grievous injuries and died on the spot. After that, a report was lodged based on the above stated offence. It is stated that on the date of the incident, the age of the deceased was 20 years who was working as a salesman and was earning Rs.3300.00 per month from his work. Due to the casual death of the son of the appellants/claimants, there is an irreparable loss to the appellants. Therefore, the appellants preferred an application to claim a total compensation of Rs.7,71,544.00 for their irreparable loss.

(3.) When the claim application under Sec. 163 'A' of Motor Vehicle Act, 1988 for compensation was filed by parents of the deceased before the claims tribunal against the driver, owner and insurance company of the alleged vehicle, the tribunal in absence of any proof of income of the deceased was taken Rs.3000.00 per month and 36,000/- per annum, as per wages of the unskilled worker at that relevant time. The aged of deceased considered about 20-25 years according to postmortem report and the claimants are the parents of the deceased so deduction towards personal and caring expenses would be 50% which is Rs.18000.00 and considering the age of the deceased i.e., 20-25 years according to postmortem report so after applying multiplier of 18, the total loss of dependency works out to Rs.3,24,000.00 and Rs.4500.00 has been awarding on other heads, thus, total compensation of Rs.3,28,500.00 (3,24,000+45000 =3,28,500/-) with interest @ 6% per annum, in favour of the appellants/claimants. Hence, this appeal for enhancement.