LUXMI DEVI Vs. NEERAJ KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the award dated 7th September, 2006 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 5,20,000/- along with interest @ 6% per annum to the appellant. The brief conspectus of the facts are as follows:

(2.) ON 6th January 2004 at about 1:45pm Sh. Virender Nath Kashyap was travelling in the bus bearing registration no. DL 1pb 1689 driven by Sh. Neeraj kumar and when the bus reached HC Sen Road near Kauriya Pul Tikona Park, the driver suddenly applied brakes and due to the sudden jerk the deceased fell down and received fatal injuries and later succumbed to his injuries. The deceased was of 35 years of age on the date of the accident and was engaged in the business of stitching export garments in the name and style of Kashyap Garments.

(3.) THE appellants filed the claim petition and being aggrieved with the award of the learned tribunal have preferred the present appeal for enhancement of compensation. Sh. O. P. Mannie, counsel for the appellants contended that the tribunal has erred in assessing the income of the deceased at Rs. 45,000 per annum whereas the deceased was actually earning Rs. 85,000 to 1,50,000 per annum. It was urged by the counsel that the tribunal erred in not considering future prospects while computing compensation as it failed to appreciate that the deceased would have earned much more in near future as he was aged 35yrs only and would have lived for another 30-35yrs had he not met with the accident. It was also argued by the counsel that the tribunal did not consider that due to high rates of inflation the deceased would have earned much more in near future and the tribunal also failed in appreciating the fact that even the minimum wages are revised twice in a year and hence, the deceased would have earned much more in his life span. The counsel maintained that the tribunal has erroneously applied the multiplier of 16 while computing compensation when according to the second schedule multiplier of 17 is applicable for the age group between 30-35 years. The counsel also contended that the tribunal should have granted at least rs. 1 lac in place of a meagre amount of Rs. 25,000 towards loss of love and affection and loss of consortium. It was also pointed out by the counsel that no amount has been awarded towards mental pain, sufferings and torture to the appellants by the tribunal. The counsel also contended that the rate of interest allowed by the tribunal is on the lower side and the tribunal should have allowed simple interest @ 18% per annum in place of 6% per annum.