JANKI DEVI Vs. BHIKAM RATHORE

JUDGEMENT

(1.) By way of this appeal, the appellants have challenged the judgment and award dtd. 5/4/1999 passed by Motor Accident Claims Tribunal / X-Additional District Judge, Agra (hereinafter referred to as 'Tribunal') in M.A.C.P. No.803 of 1998 (Smt.Janki Devi and others vs. Bhikam Rathore and others) awarding sum of Rs.3,00,000.00 as compensation to the claimant/appellant with interest at the rate of 12% per annum from the date of filing the claim petition.

(2.) Heard Mr.Madhav Jain, learned counsel for the appellantsclaimants and Mr.Nagendra Kumar Srivastava, learned counsel for the respondents.

(3.) The brief facts of the case are that claimants-appellants filed Motor Accident Claim Petition before the Tribunal for claiming the compensation under Motor Vehicles Act, 1988 for the death of Prem Shankar Sharma in a road accident with the averments that on 17/8/1996, deceased Prem Shankar Sharma was going from his house to Agra Kantt. Railway Station by his bicycle, a Jeep bearing No. UP-80/6270 hit the deceased. The deceased was on his left side at the time of accident. The driver of the jeep was driving the vehicle rashly and negligently. In this accident, deceased sustained very serious injuries and died on the spot. The Tribunal considered the income of the deceased as Rs.7,081.00 per month, deducted 1/2 as personal expenses, applied split multiplier of 7 though he was 48 years of age and granted Rs.6,000.00 towards nonpecuniary damages. Total compensation granted by the Tribunal is Rs.3,00,000.00 with 12% rate of interest.