INDRAWATI DEVI Vs. SAMRENDRA TIWARI

JUDGEMENT

(1.) Heard the learned counsel for the insurer appellant. The appellant has filed the present appeal under section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 4,15,280 determined as just compensation to which the dependants of the deceased Satya Narain Sharma were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a jeep which was insured by the present appellant covering the risk.

(2.) The Motor Accidents Claims Tribunal vide the impugned judgment and award after carefully considering the evidence brought on record by the parties, had come to the conclusion that on the date of the death Satya Narain Sharma was aged about 39 years and was getting a salary of Rs. 3,394 per month. The accident in which Satya Narain Sharma had received the fatal injuries was caused on account of rash and negligent driving of the bus. The Tribunal had utilized the multiplier of 15 while calculating the amount of compensation. The annual dependency was taken to be Rs. 27,152 after excluding '/3rd of the income which the deceased might have been spending upon himself.

(3.) It may be noticed that undisputedly the deceased has a large family which consisted of besides his wife and father, 5 children whose ages are ranged between 8 and 18 years.