SANTOSH VASHISHT Vs. RAM NATH

JUDGEMENT

(1.) This appeal is for enhancement of compensation in respect of death of S.C. Vashisht, who was aged 42 years at the time of accident, which took place on 26.8.1999. The Motor Accident Claims Tribunal (the Tribunal) by the impugned award granted a compensation of Rs. 9,40,000 with interest @ 12% per annum from the date of filing of the petition till 31.3.2001 and thereafter 9% per annum till 31.3.2003 and thereafter 6% per annum till the date of actual payment.

(2.) A short submission has been raised during the course of arguments. Admittedly, the deceased was working in a pharmaceutical company, which was owned by the family of the claimants. He was getting a salary of Rs. 60,000 per annum. The Tribunal added 50% towards future prospects and on applying a suitable multiplier and adding the notional sum towards conventional heads like loss of love and affection, loss of estate, funeral expenses awarded a compensation of Rs. 9,40,000.

(3.) It was proved in inquiry before the Tribunal that a Bus was purchased by the deceased in August, 1998 and it started running under DTC Operation. The Income Tax Return for the year 2000-2001 i.e. in respect of the year when the accident took place also increased to Rs. 98,910. The Tribunal was convinced that there was some income from plying the Bus, but did not award any compensation for the personal supervision by the deceased as the Tribunal held that the Bus was transferred to the widow on deceased's death and she could have similar income from running the Bus.