VIMLA DEVI Vs. DEEPAK SINGH

JUDGEMENT

(1.) The appellants by filing the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act') have challenged the award dated 25th May, 2015, passed by learned Motor Accident Claims Tribunal, Lucknow (in short 'the Tribunal') in Motor Accident Claim Petition No.16500542 of 2010.

(2.) Briefly stating the facts of the present appeal are that the appellants-claimants filed a claim petition invoking Section 166 of the M.V. Act claiming compensation; the Tribunal directed respondent no.2-Bharti Axa General Life Insurance Co. Ltd (Insurer) to pay the compensation amount of Rs.16,76,300/- ( Rupees Sixteen Lacs Seventy Six Thousand and Three Hundred Only) on account of death of Sri Arvind Kumar (husband of claimant no.1). The case of the claimants (appellants) is that Sri Arvind Kumar (the deceased) died in a motor vehicular accident that occurred on 20th August, 2010, upon returning the finding that it had involved use of tractor (offending vehicle) bearing Registration No.UP-78/AT-1147 which was concededly insured with respondent no.2-Bharti Axa General Life Insurance Co. Ltd. The offending vehicle was registered in the name of Sri Deepak Kumar (first respondent before the Tribunal); the deceased-Arvind Kumar was aged about 40 years and was working as a Constable in the Police Department and was getting monthly salary of Rs.18,520/-; claimant no.2, Sri Moti Lal is father of the deceased, Smt. Vimla Devi is widow of the deceased and claimants no.3 to 8 are sons and daughter of the deceased.

(3.) The Tribunal, after inquiry, held that the deceased, Arvind Kumar was aged about 40 years; the Tribunal assessed income of the deceased at Rs.18,520/- per month; the Tribunal applied multiplier of fifteen. After deducting 50% of the income towards personal and living expenses. The Tribunal also awarded a sum of Rs.2,000/- towards funeral expenses, Rs.2,500/- towards loss of estate and Rs.5,000/- towards love and affection. Thus, the Tribunal awarded a sum of Rs.16,76,300/- along with interest @ 6% per annum from the date of filing of the petition till realization.