NIRMAL DAISY TULLY Vs. PUSHPA & ORS

JUDGEMENT

(1.) The appellant is the mother of Late Alok David Tully who died in a road accident on 16th February, 2005. The appellant is seeking enhancement of the award amount.

(2.) On 16th February, 2005, Alok David Tully was riding on his motorcycle on the ring road near Moti Bagh flyover when he was crushed under the blue-line bus bearing No.DL-1PA-5030. The deceased was survived by his widow and mother. However, the widow alone filed the claim petition before the Claims Tribunal. During the pendency of the claim petition, the mother of the deceased, who is 100% blind, filed an application for impleadment before the Claims Tribunal whereupon she was impleaded as a co-petitioner before the Claims Tribunal.

(3.) The deceased was working as Security Supervisor with Bristol Hotel, Gurgaon and was earning Rs.6,500/- per month at the time of the accident. The Claims Tribunal added 50% towards the future prospects, deducted 1/3rd towards the personal expenses of deceased and applied the multiplier of 17 to compute loss of dependency Rs.13,26,000/-. The Claims Tribunal awarded Rs.10,000/- towards the lost of estate, Rs.10,000/- towards lost of consortium and Rs.10,000/- towards funeral expenses. The total compensation awarded by Claims Tribunal along with interest @ 7.5%. is Rs. 13,56,000/-