ASHOK KUMAR GULATI Vs. REETA & ORS

JUDGEMENT

(1.) The accident dated 01st December, 2014 resulted in the death of Anjani Kumar. The deceased aged about 22 years at the time of accident and was survived by his mother and sister who claimed compensation before the Claims Tribunal. The Claims Tribunal awarded compensation of Rs. 16,35,000/- to the claimants. The Claims Tribunal granted recovery rights to the Insurance Company to recover the award amount from the owner of the offending vehicle. The owner has filed MAC. APP. 77/2017 to challenge the recovery rights whereas the claimants are seeking enhancement of the compensations amount in MAC APP.683/2017.

(2.) Anjani Kumar was aged about 22 years at the time of accident and he was working as process executive with M/s Cognizant Technology Solutions India Pvt. Ltd. earning of Rs.1,60,008/- per annum after completing BCA from Bangalore University. The occupation and income of the deceased was duly proved by Ex. PW2/1. However, the Claims Tribunal deducted the conveyance allowance of Rs.800/- and took income of deceased as Rs.12,342/- per month. The Claims Tribunal deducted 1/3 towards the personal expenses of the deceased and applied multiplier of 14 to compute the loss of dependency at Rs.13,85,000/-. The Claims Tribunal awarded Rs. 1,50,000/- towards loss of estate and Rs.50,000/- towards funeral expenses. Total compensation award is Rs. 16,35,000/-.

(3.) Learned counsel for the claimants/appellants in MAC APP No. 683/2017 urged at the time of hearing that the income of deceased be taken as Rs.13,142/- as per Ex. PW2/1 and future prospects of 50% be added to compute the loss of dependency.