ANITA Vs. RAJU

JUDGEMENT

(1.) In the present Appeal, the Appellant who is the mother of the deceased minor, is impugning the Award dtd. 15/9/2010 passed by the learned Presiding Officer, MACT, Delhi in Suit No.177/2009 titled as Anita Vs. Raju. The Appellant prays for the enhancement of the compensation amount. Vide the said award, the learned Tribunal was pleased to grant a total compensation of Rs.2,50,000.00 (Rs.2,40,000.00 towards loss of income, Rs.5,000.00 towards loss of Estate and Rs.5,000.00 towards funeral expenses) with interest @ 7.5% p.a. from the date of presentation till the date of realization in favour of the Appellant herein.

(2.) The unfortunate accident dtd. 26/4/2009 resulted in the death of Alekh Kumar, who was aged 13 years and 4 months and was studying in the 10th-11th standard at the time of the alleged incident. On the day of the fateful accident, Alekh Kumar was travelling pillion with Vineet (PW2) on his scooter. At Jhuggi Village Sindhora Kalan, Sarai Rohilla, they were hit from behind by a bus bearing no. DL-1PB-3040 that was being recklessly and rapidly driven by Respondent No. 1. The deceased died in the accident which resulted after being falling on the road and being run over by the negligent vehicle. FIR No. 110/2009 dtd. 26/4/2009 was registered against the Respondent No. 1, the bus driver of Delhi Roadways, under Ss. 279/337/304 of the Indian Penal Code at Police Station P.S. Sarai Rohilla, New Delhi.

(3.) The Appellant, mother of the deceased filed a claim petition before the Motor Accident Claim Tribunal. It is her case that her son was studying and was earning Rs.6,000.00 p.m by selling vegetables on Rehri. However, the Appellant could not adduce any proof to the said effect and hence the learned Tribunal presumed the income of the deceased as Rs.15,000.00 p.a as per second Schedule of the Motor Vehicles Act, 1988 and calculated the loss of income as Rs.2,40,000.00(Rs.15,000.00X16). In addition, the learned Tribunal granted Rs.5,000.00 each towards 'Funeral Expenses' and 'Loss of Estate'. The learned Tribunal granted interest @ 7.5% p.a. from the date of presenting the claim petition till realization.