MADHU GUPTA Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS is an appeal against the impugned award dated 20.03.2006 passed by learned Motor Accident Claim Tribunal("the Tribunal"for short) which came to be passed on the Claim Petition No.331/01 of the appellants/claimants seeking compensation on account of death of Shri Dinesh Kumar Gupta,husband of appellant Mrs.Madhu Gupta and father of Master Rituraj and Master Sajal.On 8.9.11,the deceased was driving his scooter when he was hit by a bus bearing registration number DL- 1PA-5623 being driven by its driver Naresh Kumar allegedly in a rash and negligent manner and at a very high speed.The deceased received the grievous injuries and was removed to Army Hospital where he succumbed to the injuries. He was stated to be aged 36 years and was working as Managing Director in Sajal Computers (P) Ltd. and earning `15,000/- per month. The Tribunal awarded compensation of `18,80,000/- which was made up of `18,14,000/- towards loss of dependency of the claimants, `30,000/- on account of loss of love and affection, `30,000/- on account of loss of consortium and `5,000/- towards funeral expenses. Out of the awarded sum, `8,80,000/- was ordered to be payable to appellant Mrs. Madhu Gupta and `5 lac each to the minor children of the deceased. The present appeal has been filed by the appellant/claimants seeking enhancement of the compensation. It is averred that the Tribunal has erred in assessing the monthly dependency of the appellants/ claimants to the tune of `9450/- and after deducting `6075/- as towards future tax liability and 1/3rd on account of his personal living expenses. It is averred that the Tribunal ought to have assessed the monthly dependency to the tune of `15,000/-. It is also averred that the Tribunal has also erred in deducting `1500/- as conveyance allowance. The multiplier of 16 as applied by the Tribunal was also stated be on lower side inasmuch as the deceased being 36 years of age, would have worked for at least another 29 years. The awarding of compensation of `30,000/- each on account of loss of love and affection and loss of consortium are also alleged to be on lower side.

(2.) THE matter was listed for final hearing on 19.09.2011 when nobody appeared on behalf of the parties and consequently the matter was reserved for judgment with liberty to the parties to file synopsis of their arguments. None has chosen to file any synopsis of their arguments. I have perused the record including the impugned award.