RUHI ARORA Vs. MONIKA ARORA

JUDGEMENT

(1.) Heard Shri Dev Dutt Arora (appellant No. 2) In-person for the appellants and Shri S. D. Ojha, learned counsel for the claimant-respondent Nos. 1 to 3. No one appeared for respondent Nos. 4 and 5 despite service.

(2.) This First Appeal From Order dtd. 17/8/2013, at the instance of the unmarried sister and father of the deceased, has been filed seeking to modify the judgment/award of the Motor Accident Claims Tribunal, Saharanpur rendered in MACP No. 149 of 2011 (Smt. Monika Arora and others versus Vishnu Kumar Meena and others) by making re-apportionment of the share of the awarded compensation of Rs.52,80,328.00 and grant appropriate share to appellant No. 1 (unmarried sister of the deceased) and to enhance the share of the appellant No. 2 from 10% of the award to 20% by making adjustment from the 60% share of claimant respondent No. 1-Smt. Monika Arora (widow of the deceased).

(3.) The appellant No. 2, In-person, submits that his only son Vikalp Arora died in a road accident which took place on 22/4/2011 at 3:30 PM near Chachura Nahar Thana Kakor District Gautam Budh Nagar on the Bulandshahr Noida Road. Vikalp was traveling in a Alto Car bearing registration No. UP-21-T-7739 along with his friends Ankit and Surjeet when a Truck bearing registration No. RJ-11-GA-2075 overturned over the Alto car crushing the occupant Vikalp Arora resulting in his death on the spot. Vikalp Arora was 33 years of age and employed as a Territory Sales Officer with Hindustan Unilever Ltd., and earning approx Rs.70,000.00 per month. He was survived by his wife Monika Arora, a minor daughter Ananya Arora and minor son Luv Arora besides the appellants herein. A claim petition under Sec. 166 of the Motor Vehicles Act, being Claim Petition No. 149 of 2011 was filed before the MACT, Saharanpur by the claimant-respondent Nos. 1 to 3 along with the appellants herein claiming a compensation of Rs.1,57,10,000.00 besides Rs.50,000.00 immediately under Sec. 140 of the Motor Vehicles Act and 12% interest per annum from the date of accident upto the date of actual payment under Sec. 171 of the Act. The claims Tribunal under the impugned award dtd. 17/8/2013 awarded a sum of Rs.52,80,328.00 as compensation with 6% simple interest from the date of institution of the claim petition. The claims Tribunal did not award any compensation to the appellant No. 1 herein (unmarried sister) on the ground that she could not be treated to be dependent upon the deceased brother during the life time of the father (appellant No. 2 herein). The Tribunal, however, apportioned 10% of the amount awarded as compensation in favour of the appellant No. 2 (father of deceased). 60% of the award was apportioned in favour of the wife of the deceased (claimant respondent No. 1 herein) while the dependent minor children of the deceased (claimant respondent Nos. 2 and 3 herein) were apportioned 15% each of the compensation awarded.