PRABHA WADHWAN Vs. UOI

JUDGEMENT

(1.) THESE three Appeals (MAC. APP. 549/2004, MAC. APP.550/2004 and MAC. APP. 551/2004) arise out of a common judgment dated 12.05.2004 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby in Suit No.342/2003(Old No.24/1988), Suit No.340/2003(Old No.236/1987) and Suit No.341/2003(Old No.235/1987) a compensation of Rs.1,24,500/-, Rs.32,586/- and Rs.2,34,158/- respectively was awarded for the death of Deepak Wadhwan, aged 15 years, for injuries on the person of Shivain Dayal Mathur and, for the death of O.D. Mathur.

(2.) ON 29.08.1987 at about 8:45 pm, deceased O.D. Mathur and Deepak Wadhwan, injured Shivain Dayal Mathur and other persons were proceeding in an Ambassador Car No.DHA-8681 from Naraina to Todapur Road. A postal van No.DEL-6853 driven by the First Respondent (Jagdish Prashad Meena) in a rash and negligent manner came from the opposite direction and hit against the Ambassador car. As a result of the aforesaid impact, O.D. Mathur and Deepak Wadhwan suffered fatal injuries, whereas Shivain Dayal Mathur suffered grievous injuries.

(3.) SIMILARLY , for the death of deceased O.D. Mathur his income as per Income Tax Return was accepted as Rs.19,378/-. The Claims Tribunal added 50% towards future prospects and applied a multiplier of 11 as per the deceased's age to compute the loss of dependency as Rs.2,13,158/-. A sum of Rs.21,000/- was awarded towards non-pecuniary damages to compute an overall compensation of Rs.2,34,158/-.