BULU MAITRA Vs. UDAIRAM VERMA

JUDGEMENT

(1.) LEARNED Counsel for the appellants is heard on admission.

(2.) THE instant appeal has been preferred by the appellants/claimants, seeking enhancement of the compensation, awarded by the Vllth Additional Claims Tribunal, Raipur (for short 'Tribunal') vide award dated 28-2-2008, passed in Claim Case No. 69/2007.

(3.) LEARNED 'Tribunal framed issues and after a close scrutiny of the evidence led by the parties, held that the accident occurred due to wrong parking of the Truck and further held the Driver/Owner and Insurer of the truck liable for payment of compensation. The Tribunal accessed income of the deceased at Rs. 5000/- per month. By deducting l/3rd of Rs. 5000/- towards the personal expenses of the deceased, the Tribunal accessed the claimants dependency at Rs. 3333/- per month, ie., Rs. 39,996/- per annum by applying multiplier of 15, the compensation was worked out to Rs. 5,99,940/-. By awarding further sum of Rs. 10,000/- towards consortium to widow and Rs. 5,000/- each to both children as compensation towards loss of love and affection and a sum of Rs. 2000/- towards funeral expenses, the Tribunal awarded a total sum of Rs. 6,21,940/- as compensation to the claimants for the death of deceased Hemendra Kumar Maitra in the said motor accident against the respondent Nos. 1 to 3. The Tribunal further awarded interest @ 6 per cent per annum on the above amount of compensation of Rs. 6,21,940/- from the date of filing of the claim petition till the date of actual payment.