RAJMATI Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by 1st Motor Accidents Claims Tribunal Bilaspur (for short "the Tribunal") vide award dated 2-11-1999 passed in Claim Case No. 25/1998. The claimants, unfortunate mother, step mother and younger sister of deceased Dilesh Kumar claimed compensation of Rs. 5,65,000/- for his death in the motor accident on 17-2-1998 when the cycle on which he was travelling as a pillion-rider was dashed by the offending vehicle truck bearing registration number MBT-9386 resulting in his instantaneous death on the spot itself. The claimants further pleaded that the deceased-Dilesh Kumar, who was aged about 22 years, used to earn Rs. 100/- per day.

(2.) THE driver of the offending vehicle-truck did not contest the claim and was proceeded exparte before the Tribunal. THE owner and insurer of the truck contested the claim and denied their liability to pay compensation to the claimants. THE owner took the plea that the cyclist himself was responsible for the accident, whereas, insurer pleaded that the driver of the truck was not holding a valid driving license and the truck was being plied in breach of the policy conditions.

(3.) AS the evidence led by the claimants about the income of the deceased was not found reliable by the Tribunal, the income of the deceased was assessed by the Tribunal at Rs. 15,000/- per annum on the basis of notional income prescribed in the Second Schedule under Section 163A of the Motor Vehicles Act. By deducting l/3rd of Rs. 15,000/- as the personal expenses of the deceased, the claimant's dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 12, the compensation was worked out to Rs. 1,20,000/-. By awarding further sum of Rs. 10,000/- under the other permissible heads, the Tribunal awarded a total sum of Rs. 1,30,000/- as compensation to the claimants for the death of Dilesh Kumar in the motor accident on 17-2-1998. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,30,000/-@ 12% per annum from the date of filing of the claim petition till actual payment.