SHALINI SHARMA Vs. KULDEEP SINGH

JUDGEMENT

(1.) THESE two Appeals (MAC.APP.656/2010 and MAC.APP.850/2010) arise out of a common judgment dated 11.05.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.5,74,000/- was awarded for the death of Rajnish Sharma who died in a motor vehicle accident which occurred on 09.10.1994. For the sake of convenience, the Appellant in MAC.APP.850/2010 shall be referred as the Insurance Company and the Appellants in MAC.APP.656/2010 shall be referred as the Claimants.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of bus No.DL-1P- 3970 by its driver who was Respondent No.1 before the Claims Tribunal. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company.

(3.) IN the absence of corroborative evidence, the Claims Tribunal took the deceased's income to be Rs.4,000/- per month, deducted 1/3rd towards MAC APP Nos.656/2010 & 850/2010 Page 2 of 6 personal and living expenses and adopted a multiplier of 17 as per the age of the deceased to compute the loss of dependency as Rs.5,44,000/-.