BHAIYA LAL Vs. ALAM

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 29.09.2010 passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 12,93,784/- against the claimed amount of Rs. 50,00,000/- towards compensation to the Appellants for the death of Pyare Lal, son of the Appellants No. 1 and 2 in a road accident.

(2.) With the consent of the parties, the matter is taken up for final hearing at this stage.

(3.) Although a number of grounds of appeal are set forth in the Memorandum of Appeal, the same were not pressed at the time of hearing of the appeal and the short submission of Mr. Yogesh Swaroop, the learned Counsel for the Appellants is that the Claims Tribunal, while calculating the compensation payable to the Appellants, grossly erred in deducting 50% of the total income towards the personal expenses of the deceased. He submits that the award in the present case was made by the Claims Tribunal in a very mechanical manner. He further submits that having regard to the fact that the Appellants Nos. 3 to 5 are the minor sisters and brother of the deceased and the Appellant No. 1 and 2 are parents of the deceased, who were totally dependent upon the deceased, the deduction of 50; of the total income of the deceased towards his personal expenses was unwarranted and unjustified.