TARKESHWAR SINGH RAJPUT Vs. HARENDRA SINGH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal'), vide award dated 21.12.2000, passed in Claim Case No. 29/1997.

(2.) THE claimants, unfortunate parents of deceased Vijay Kumar Singh claimed compensation of Rs. 6,99,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 14.1.1997, when his bicycle was dashed by the offending vehicle Truck bearing registration No. M.P. 23D/9135, resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Vijay Kumar Singh was aged about 19 years and used to earn as Labour in Nagpur Engineering, Durg.

(3.) THE Tribunal assessed the income of the deceased at Rs. 15,000/- per annum. By deducting l/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 16, the compensation was worked out to Rs. 1,60,000/-. By awarding further sum of Rs. 2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs. 1,62,000/- as compensation to the claimants for the death of deceased Vijay Kumar Singh in the motor accident on 14.1.1997. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,62,000/- @ 12% per annum from the date of filing of the claim petition, till the date of actual payment. Shri Ashish Surana & Ms. Farah Minhaz, learned counsel or the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs. 15,000/- per annum only; and in awarding low compensation of Rs. 1,62,000/-only. Shri A.K. Athaley, learned counsel for respondent No. 3 - Oriental Insurance Company Limited, on the other hand, supported the impugned award and submitted that the compensation of Rs. 1,62,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. Shri S.S. Rajput, learned counsel for the owner of the Truck also support the impugned award.