CHANDERWATI Vs. HARVINDER SINGH

JUDGEMENT

(1.) The Appellants in the present appeal pray for enhancement of the amount of compensation awarded to them by the Motor Accident Claims Tribunal, by its Award dated 6th July, 1995.

(2.) The facts relevant for the disposal of the appeal are not in dispute. On 22nd July, 1986, one Ram Kumar Rana, aged 39 years was going on a motorcycle driven by Surinder @ Yoginder as a pillion rider. At about 7.50 p.m. when the motorcycle was on the G.T. Karnal Road, near DDA Central Store, it was hit by a truck which had crossed the central verge. The motorcycle was dragged for some distance and both the driver of the motorcycle and Ram Kumar Rana, who was the pillion rider, suffered grievous injuries. Ram Kumar Rana (hereinafter referred to as 'the deceased') succumbed to the injuries received by him. His legal heirs being his widow, his five children and parents filed a claim petition under Section 166 of the Motor Vehicles Act,1988 claiming a sum of ' 15,40,000/- as compensation against the Respondent No. 1 (the driver of the offending vehicle), the Respondent No. 2 (the owner of the offending vehicle) and the Respondent No. 3 (the insurer thereof).

(3.) The learned Motor Accident Claims Tribunal, after appraisal of the evidence adduced by the claimants, including the two eye-witnesses to the accident, held the Respondent No. 1 guilty of rash and negligent driving and proceeded to compute the loss of dependency of the claimants. It held that the monthly income of the deceased was 1500/- per month from his employment as cashier in the Delhi Transport Corporation and after taking into consideration the future prospects of the deceased, held the income of the deceased for the purpose of computing the compensation payable to the Appellants to be 3000/- per month, i.e. 36,000/- per annum. After deducting one-third for the personal expenses of the deceased from the said amount, the loss of dependency was held by the Tribunal to be 2000/- per month, i.e. 24,000/- per annum. The multiplier of 12 was applied to this multiplicand and an award passed in favour of the Appellant and against the Respondents, jointly and severally, in the sum of 2,88,000/- with interest @ 12% per annum from the date of the petition till the date of realization.