GUGGAN SINGH Vs. SUSHILA SOLANKI

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of RS.12,62,000/- awarded for the death of M.S.Solanki who died in a motor accident which occurred on 12.08.1990.

(2.) BY the impugned judgment dated 25.01.2006, the Motor Accident Claims Tribunal (the Claims Tribunal) held that the accident was caused on account of the rash and negligent driving of the DTC bus No.DHP-3438 which was being driven by the First Appellant in a rash and negligent manner. The bus was owned by DTC, the Second Appellant.

(3.) THE Claims Tribunal erred in adding 50% of the projected income in the year 2005 to compute the loss of dependency as it is well settled that the actual income of the deceased on the date of the accident is to be taken into consideration to determine the financial loss to the dependents. At the most, the Claims Tribunal should have made an addition of 50% towards future prospects as the deceased was aged 34 years. NEGLIGENCE:-