RAM RAHISH YADAV Vs. SUSHILA RANI & ORS

JUDGEMENT

(1.) The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.10,16,000/- has been awarded to claimants in both the appeals.

(2.) On 20th August, 2014, late Vishan Dass was crossing the road when he was hit by motorcycle bearing No.DL-7S-BJ-7619 which resulted in fatal injuries to late Vishan Dass. The deceased was aged 68 years and was survived by his widow and three sons who filed the application for compensation before the Claims Tribunal. The deceased had retired as Senior Assistant from State Bank of India and was drawing pension of Rs.16,353/-. The widow of the deceased, after the death of late Vishan Dass, is getting family pension of Rs.5,825/- per month. According to the claimants, the deceased was doing property dealing business from which he was earning about Rs.10,000/- per month.

(3.) The Claims Tribunal took the income of the deceased as Rs.20,528/- (Rs.10,528/- from loss of pension + Rs.10,000/- as income from the property dealing business), deducted ' towards his personal expenses and applied the multiplier of 5 to compute the loss of dependency to Rs.6,16,000/-. The Claims Tribunal awarded Rs.1,50,000/- towards loss of love and affection, Rs.1,50000/- towards loss of consortium, Rs.50,000/- towards funeral expenses and Rs.50,000/- towards loss of estate. The total compensation awarded is Rs.10,16,000/-.