RADHA CHAUHAN Vs. ASHOK KUMAR SAHU

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 01.02.2000, passed in Claim Case No. 17/1998. As against the compensation of Rs. 8,20,000/-, claimed by the Appellants/claimants, unfortunate widow and minor children of deceased R.D. Chauhan by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 09.12.1997, the Tribunal awarded a total sum of Rs. 2,60,000/- as compensation along with interest @ 11% per annum from the date of the filing of the claim petition till the date of actual payment.

(2.) THE Tribunal assessed the income of the deceased at Rs. 2,500/- per month. By deducting Rs. 1,000/- towards personal expenses of the deceased, the claimants dependency was assessed at Rs. 1,500/- per month and Rs. 18,000/- per annum. By multiplying the annual dependency of Rs. 18,000/- with the multiplier of 13, the compensation was worked out to Rs. 2,34,000/-. By awarding further sum of Rs. 26,000/- under other heads, the Tribunal awarded a total sum of Rs. 2,60,000/- as compensation to the claimants for the death of deceased R.D. Chauhan in the motor accident. THE Tribunal further directed payment of interest @ 11 % per annum on the above amount of compensation of Rs. 2,60,000/- from the date of the filing of the claim petition till the date of actual payment.

(3.) AS the Respondents have not filed any appeal against the award, the findings recorded by the Tribunal that deceased R.D. Chauhan died on account of the injuries sustained by him in the motor accident oh 09.12.97; the accident occurred due to rash and negligent driving of the driver of the offending vehicle matador and as the offending vehicle matador on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants have now attained finality.