SUDERSHANA SEHDEV Vs. SHIVALIK BUILDERS

JUDGEMENT

(1.) THE present appeal preferred under Section 173 of The Motor Vehicles act, 1988, arises out of the award dated 16. 9. 2005 of the Motor Accident claims Tribunal, whereby the Tribunal awarded a sum of Rs. 6,51,857/-along with interest @ 6%.

(2.) BEFORE adverting to deal with the contentions of the parties, it would be appropriate to give,brief facts of the case as under: on 7. 1. 99, the deceased Sh. Jugal Kishore was going to Mata Vaishno devi alongwith his wife, son-in-law and daughter Ms. Renu Narang in a maruti Zen bearing registration No. HR-51-7414. The deceased was driving the Maruti Zen at the relevant time and when they reached near Panipat chungi, a truck bearing registration No. HR-38-A-8498 driven by the driver rashly and negligently hit the Maruti Zen, due to which the deceased suffered grievous injuries and was removed to Civil Hospital, Panipat where he was declared dead.

(3.) SHRI Vijay Kinger, counsel for the appellant says that the Tribunal has wrongly deducted l/3rd expenses from the annual income of the deceased towards personal expenses as the deceased is survived by his wife and three children. Counsel further contends that keeping in view the said number of family members of the deceased either l/5th or at best l/4th of the income towards personal expenses should have been deducted by the tribunal. The second contention of the counsel for the appellant is that lower rate of interest @ 6% p. a. has been granted by the Tribunal keeping in view the then prevailing bank rate of interest on the fixed deposit. The third contention of the counsel for the respondent is that the Tribunal has awarded a meager amount of Rs. 25,000/- towards loss of love and affection. The contention of the counsel for the appellant is that it should have been at least Rs. 1 lac as the deceased is survived by his widow and three children. Counsel for the appellant has placed reliance on the judgment of this Court in Solochana Marwah v. Sadhu Ram 139 (2007) DLT 234 to claim l/4th deduction towards personal expenses. To claim a sum of Rs. 1 lac. towards the loss of love and affection and the pain and sufferings undergone by the family members due to the sudden death of the only earning member of the family, the counsel has relied upon the the judgment of this Court in Daya arora and Ors. v. Kapur Singh and Anr. IV (2005) ACC 313:2005 (84) DRJ 425.