SHIVKALA SHARMA Vs. MANMOHAN SINGH AND ANR

JUDGEMENT

(1.) This appeal arises out of the judgment dated 28.03.2012 whereby compensation of Rs.2,06,124/- was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant for the death of Prashu Ram Sharma, who suffered fatal injuries in a motor vehicular accident which occurred on 11.09.2001.

(2.) Initially, the Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) was preferred by the Appellant and widow of the deceased. During the pendency of the proceedings before the Claims Tribunal, the widow had not only re-married but had stopped pursuing the Claim Petition.

(3.) The Claim Petition was converted under Section 163-A of the Act. The Claims Tribunal took the income of the deceased as per the minimum wages of an unskilled worker as Rs.2592/-, deducted 1/3 towards personal and living expenses and applied a multiplier of 9 as per the age of the mother of the deceased to compute the loss of dependency as Rs.2,79,936/-.