N.D.M.C. Vs. I.C. MALHOTRA

JUDGEMENT

(1.) THE appellant has challenged the judgment of the Claims Tribunal whereby compensation of Rs.8,31,816/ - has been awarded to the respondents. The respondents have filed cross -objections seeking enhancement of the award amount. The accident dated 9th January, 1997 resulted in the death of Arvind Malhotra. The deceased was aged 27 years and survived by his parents who filed the claim petition. The deceased was working as Management Trainee with Ballarpur Industries Limited earning Rs.9,750/ - per month. The Claims Tribunal took the income of the deceased as Rs.8,250/ - per month, added 50% towards future prospects, deducted 50% towards the personal expenses and applied the multiplier of 11 to compute the loss of dependency to Rs.8,16,816/ -. Rs.10,000/ - has been awarded towards pain and suffering and Rs.5,000/ - has been awarded towards funeral expenses. The total compensation awarded by the Claims Tribunal is Rs.8,31,816/ -.

(2.) THE learned counsel for the appellant has urged at the time of hearing of this appeal that the deceased was contributory negligent to the extent of 50% and, therefore, the compensation is liable to be reduced on that account. It is further submitted that the future prospects awarded to the respondents be reduced.

(3.) WITH respect to the issue of rashness and negligence, it is noted that the accident occurred at Shanker Road on 9th January, 1997 at 10AM. The offending truck bearing No. DL -1LB -0495 was wrongly parked at the right side of the road along with the divider and the deceased, who was driving his motorcycle, hit against the stationary truck. The claimants examined the eye -witness PW1, who deposed that the truck was un -manned and un -attended at the time of the accident. PW1 further deposed that the parking lights were not on and the accident occurred due to the wrong parking of the offending truck. The defendant examined the driver and holder of truck as RW1 and RW2. The Claims Tribunal found serious discrepancies in their statements. The Claims Tribunal held that the accident occurred due to the negligent parking of the offending truck by the driver in the peak hou Rs.