DHAN SINGH CHANDAN Vs. MURHARAM

JUDGEMENT

(1.) HEARD finally. This is claimant's appeal for enhancement of compensation. The Additional Motor accidents Claims Tribunal, F. T. C. , Kondagaon (henceforth 'the Tribunal') has in Claim Case no. 106/2007 on dated 28th December, 2007 awarded compensation of Rs. 1,78,400/-to the claimants for the death of their 19 years old daughter in a vehicular accident.

(2.) BRIEF facts are that on 17th February, 2006, daughter of the claimants, Ku. Pramila, aged about 19 years, was travelling as e labourer in a tractor bearing Registration no. M. P.-25-B/2359 and trolley driven by respondent No. 4 herein. The said tractor was dashed by Tata-709 vehicle bearing registration No. M. P.-9-A/8471 driven b)respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3. Ku. Pramila died due to the accident. Evidence was filed by the claimants to show that Ku. Pramila was a trained potter and also used to work as a labourer. The Tribunal assessed daily income of the deceased at Rs. 100/- and taking working days of the deceased in a month to be 26, assessed monthly income at Rs. 2,600/ and assessed yearly income at Rs. 31,200/ -. I deducted 2/3rd, i. e. Rs. 20,800/-from the yearly income towards personal expenses of the deceased and assessed loss of dependency at Rs. 10,400/- and applying multiplier of 16 assessed loss of dependency at Rs. 1,66,400/ -. In addition to this, the Tribunal assessed rs. 2,000/- towards funeral expenses and rs. 10,000/- (Rs. 5,000/- to each claimant)towards love and affection. In this manner, the Tribunal awarded compensation of rs. 1,78,400/- to the claimants.

(3.) SHRI Vaibhav B. Goverdhan, learned counsel for the appellants/claimants raised only two grounds in this appeal. Firstly, that while assessing loss of dependency the tribunal ought to have deducted only V3rd from the annual income of the deceased towards her personal expenses. Reliance was placed on Bilkish v. United India Insurance Company limited and another 2008 (3) SCJ 4921 = 2008 (1) An. W. R. 609 (SC) = AIR 2008 SCW 5040. Lastly, it was urged that the Tribunal ought to have awarded compensation for loss of estate. No other ground was urged.