SURENDER KUMAR Vs. BALDEV SINGH

JUDGEMENT

(1.) THE present appeal preferred under Section 173 of The Motor Vehicles Act, 1988, arises out of the award dated 1st "july, 2005 of the Motor Accident Claims tribunal, whereby the Tribunal awarded a sum of Rs. 2,48,000/- along with interest @ 9% per annum to the appellants claimants from the date of filing of the petition till its realisation.

(2.) THE brief facts relevant for deciding the instant case are that on 2/11/2001 at about 8:30 am near Deepali Chowk, outer ring Road, Delhi, Ms. Sonia was travelling as pillion rider on the scooter bearing registration no. DL 1 GB 3046, driven by her brother Sh. Sumit Kumar. The aforesaid scooter met with an accident with the truck bearing registration no. DL 1gb 3046 due to the rash and negligent driving of the aforesaid truck. As a result, Ms. Sonia died. A claim petition was filed by the claimants on 27/3/2002 and the award was made by the tribunal on 1/7/2005. Aggrieved with the said award, present appeal for enhancement has been filed by the appellants/claimants.

(3.) SH. Sarvesh Bisaria, counsel for the appellant has assailed the present award on three grounds. Firstly, the counsel for the appellant contended that the learned tribunal has committed grave error in taking income of the deceased @ Rs. 15,000/- p. a. It was maintained by the counsel that the court did not consider that the deceased was very active in extra curricular activities and had been participating in sports and cultural meets at the zonal and state level and as such remained a bright student in the school and therefore, had a bright future. Secondly, the counsel urged that the multiplier of 15 as applied by the learned tribunal is on the lower side and as per the age of the deceased the multiplier of 18 should have been applied by the tribunal. Thirdly, the counsel argued that the tribunal erred in granting meager amount of compensation towards loss of love and affection.