U.P.S.R.T.C. Vs. DHANIRAM

JUDGEMENT

(1.) We have heard Shri V.C. Dixit, learned counsel appearing for the U.P. State Road Transport Corporation. Shri Anshu Chaudhary appears for the claimants-respondents. This first appeal from order under Section 173 of Motor Vehicles Act, 1988 arises out of judgment and award dated 9.3.2010 passed by the Motor Accident Claims Tribunal, Etah in Motor Accident Claim Petition No. 228 of 2008, Dhaniram and others v. Regional Manager, U.P. State Road Transport Corporation, Aligarh, by which the Tribunal has awarded a sum of Rs. 3,67,000 with 6.5% interest from the date of filing of the claim petition.

(2.) The Tribunal found that Kamlesh @ Kamla Devi was travelling in a roadways bus No. U.P. 81R-9529 from Kashganj to Piwari. When she was alighting from the bus. It suddenly started moving on which she fell down and suffered injuries on account of which she died. The Tribunal has relied upon the statement of eye-witnesses of the accident including Madan Lal P.W. 2, who had witnessed the accident.

(3.) On the assessment of compensation the Tribunal has considered the notional income of the deceased, who was a housewife at Rs. 3,000 per month and after giving deduction of one-third towards personal expenses, worked out the compensation by applying the multiplier of 15 on the age of the deceased, at 40 years. The Tribunal also awarded Rs. 2,000 for funeral expenses and Rs. 5,000 for loss of consortium.