E L CHAUDHARY Vs. ANTAR SINGH

JUDGEMENT

(1.) This is an appeal by the claimants under Section 110Dof the Motor Vehicles Act, 1939 (for short the Act) against the award of theMotor Accident Claims Tribunal (hereinafter referred to as the Tribunal) dated 30/01/1980 in Suit No. 164 of 1975.

(2.) The claimants have filed this appeal for enhancement of the compensation awarded by the Tribunal from Rs. 25,500.00 to Rs. 2 lakhs, besidescosts. There is no cross appeal by the respondents. Therefore, the facts ofthe accident and the liability of the car bearing registration No. USV 9305stands admitted. The only question for consideration, thus, is of the quantumof compensation.

(3.) I have perused the record and heard Mr. S.M. Suri, learnedCounsel for respondent No. 3, the Insurance Company. In these cases thereis no exact formula or set standard to determine the quantum of compensation.The compensation to be assessed is the pecuniary loss caused to the dependentsby the death of the deceased. For the purpose of calculating the just compensation, the annual dependency of the dependents should be determine interms of the annual loss accruing to them due to abrupt termination of life.For this purpose, broadly speaking, annual earnings of the deceased at thetime of the accident and/or later and amount out of the same which he wasspending or could spend for the maintenance of the dependents is an importantguiding factor.. .