LAWS(ALL)-2010-1-97

UNION OF INDIA Vs. ASHOK KUMAR

Decided On January 28, 2010
UNION OF INDIA Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) These first appeals have arisen out of judgments and awards dated 29.3.2008 passed by Shri V.K. Mishra, learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Muzaffarnagar, (hereinafter 'Tribunal') in M.A.C.P. No. 265 of 1998, M.A.C.P. Nos. 116 and 117 of 1999, M.A.C.P. No. 287 of 1998, M.A.C.P. No. 421 of 1998, M.A.C.P. No. 422 of 1998. M.A.C.P. No. 423 of 1998, M.A.C.P. No. 475 of 1999 and M.A.C.P. No. 476 of 1999 (hereinafter "claim petition" respectively.

(2.) In F.A.F.O. No. 166 of 2009 claimants Ashok Kumar and Master Ashu claiming themselves to be husband and son of deceased Smt. Sunita instituted M.A.C.P. No. 265 of 1998 with prayer to pass an award for a sum of Rs. 10,32,000 as compensation alongwith interest under Section 163A of Motor Vehicles Act, 1988 (hereinafter 'Act'). The learned Tribunal assessed Rs. 15,000 per month as notional income of Smt. Sunita aged about 38 years applying multiplier according to Second Schedule to Section 163A and deducted one third amount as expenses to be incurred on her during her life time and calculated compensation at Rs. 1,50,000 and awarded Rs. 1,55,000 inclusive funeral expenses and loss of property.

(3.) In F.A.F.O. No. 167 of 2009 claimants Sunil Kumar, Sudhir Kumar and Km. Sudha claiming themselves to be sons and daughter of late Smt. Ramroshni and Om Pal instituted M.A.C.P. Nos. 116 of 1999 and 117 of 1999 under Section 163A of Motor Vehicles Act for compensation on account of death of Smt. Ramroshni and Om Pal. The learned Tribunal dismissed M.A.C.P. No. 117 of 1999 on the ground that the income of the deceased Om Pal was alleged to be Rs. 48,000 per year while the claim petition could have been moved under Section 163A of Motor Vehicles Act only in case the income of the deceased was up to Rs. 40,000. The learned Tribunal allowed M.A.C.P. No. 116 of 1999 and awarded Rs. 1,55,000 as compensation holding the notional income of deceased Smt. Ramroshni at Rs. 15,000 per month and looking to 48 years of age of deceased applied multiplier as provided under Second Schedule to Section 163A of Motor Vehicles Act and awarded the said amount inclusive funeral expenses and loss of property.