SHAHJAHAN Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) PRESENT appeal un'der Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants against the judgment and order dated 17.8.2007, passed by the Motor Accident Claims Tribunal in Claim Petition No. 22 of 2007 whereby a sum of Rs.1,37,000 was awarded alongwith 6% interest per annum.

(2.) THE brief facts of the case are that on 31.12.2006 at about 9.30 p.m., the deceased Mohd. Saleem was coming back to home after sale of vegetable. When he reached near Bramhababa at Faizabad-Sultanpur Road, a truck bearing No. U. P.-42 3030 driven by its driver rashly and negligently, coming from reverse direction, hits the deceased who died on the spot. The aforesaid truck was insured with the respondent-Oriental Insurance Company on the date of accident. The claimants of the deceased have preferred a claim petition before the Tribunal and the Tribunal after examining the evidence, awarded a compensation of Rs. 1,37,000 in favour of the claimants-appellants alongwith 6% interest. Still not being satisfied, the claimants have filed the present appeal for enhancement of the compensation.

(3.) IN the instant case, since the deceased was aged about 45 years, hence, multiplier of 13 was applied. No evidence was furnished pertaining to the income of the deceased, who was a retailer of vegetable and fruits. The Tribunal has taken the notional income off 15,000 per annum. After deducting l/3rd for the personal expenditure, Rs. 10,000 per annum was taken for the purpose of computation. Thus, Tribunal awarded a compensation of Rs. 10,000 x 13 = Rs. 1,30,000. In addition, Rs. 7,000 was awarded for cremation etc. Thus, final compensation was awarded for Rs.1,37,000.