TULSI DEVI Vs. NEERU VISHWAKARMA

JUDGEMENT

(1.) THIS is claimants appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Raigarh, vide award dated 17.1.2005, passed in Claim Case No. 40/2004.

(2.) THE claimants, unfortunate mother, widow and minor children of deceased Dileshwar Yadav claimed compensation of Rs. 49,00,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 19.5.2003, when his bicycle was dashed by the offending vehicle Truck bearing registration No. CG-04G/0837, resulting in multiple serious injuries to deceased Dileshwar Yadav who succumbed to those injuries during the course of his treatment in the hospital. The claimants further pleaded that deceased Dileshwar Yadav was aged about 26 years and used to earn Rs. 600/- per day by selling milk. The owner and driver of the offending vehicle Truck did not contest the claim and were proceeded ex parte before the Tribunal.

(3.) THE Tribunal on a close scrutiny of the evidence led before it held that deceased Dileshwar Yadav died on account of the injuries sustained by him in the motor accident on 19.5.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck; as the offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants. The Tribunal assessed the income of the deceased at Rs. 50/- per day, Rs. 1,500/- per month and Rs.18,000/- per annum. By deducting l/3rd of Rs.18,000/- 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 mulitplier of 16, the compensation was worked out to Rs. 1,92,000/-. By awarding further sum of Rs.20,000/-under other heads, the Tribunal awarded a total sum of Rs. 2,12,000/- as compensation to the claimants for the death of deceased Dileshwar Yadav in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,12,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment.