RADHA DEVI Vs. NARAYAN SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and award dated 3.9.2004, passed by the Motor Accident Claims Tribunal, Champawat.

(2.) BRIEF facts giving rise to the present appeal are that appellants filed a claim petition before the Motor Accident Claims Tribunal, Champawat, for grant of compensation on account of the death of Kalyan Ram in a motor vehicle accident on 8.11.2002, near village Gallagaon on Barakot -Lohaghat motor road. The appellants -petitioners submitted that Kalyan Ram boarded vehicle No. UA 03 -1106 at Barakot for going to Lohaghat. The vehicle was being driven rashly and negligently due to which it met with accident near Gallagaon. Kalyan Ram sustained fatal injuries in the accident and he succumbed at the spot. The deceased was a mason and was earning Rs. 4,000 as wages.

(3.) ON the pleadings of the parties, as many as five issues were framed by the Claims Tribunal. Issue No. 1 was with regard to the rash and negligent driving by the driver of the vehicle and it was held that the accident had taken place due to rash and negligent driving by the driver of the jeep. Issue No. 2 was framed regarding valid driving licence and issue No. 3 was framed regarding valid insurance of the jeep that met with accident and both these issues were answered in affirmative and it was held that the driver of the jeep had valid driving licence and the jeep was insured with the respondent No. 2. Issue No. 4 was framed regarding the amount of compensation and issue No. 5 was with regard to violation of terms and conditions of the insurance policy. The Claims Tribunal has held that terms and conditions of the insurance policy were not flouted. For calculating the amount of compensation the Claims Tribunal had taken notional income of the deceased as Rs. 15,000 per annum and after deducting 1/3 of the same a sum of Rs. 12,000 was taken for calculating the amount of compensation. The age of the deceased was 50 years at the time of accident and thus by applying a multiplier of 11 a compensation of Rs. 1,10,000 has been granted. Besides this the Claims Tribunal also awarded a sum of Rs. 2,000 granted for funeral expenses and Rs. 5,000 for loss of love and affection and loss of consortium. Thus, the Claims Tribunal awarded a total sum of Rs. 1,17,000 as compensation to the claimants. Feeling aggrieved the present appeal has been filed by the claimants.