CHANCHAL Vs. PRADEEP KUMAR SHARMA

JUDGEMENT

(1.) RAJEEV Gupta,c. J. Mr. B. M. Pingal, Advocate for the appellants. None for respondents Nos. 1 to 3 and 5. Mr. M. K. Goyal, Advocate for re spondent No. 4 New India Insurance Company Ltd. They are heard.

(2.) THIS is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal/additional District Judge (Fourth Fast Track Court), Haridwar vide Award dated 28-08-2003 passed in Motor Ac cident Claim Petition No. 36 of 1998.

(3.) THE Tribunal, on the evidence led by the parties, held that Ram Gopal died on account of the injuries sus tained by him in the accident; and that the accident occurred due to rash and negligent driving of the driver of the Jeep. As the Insurance Company could not establish its case, the Tribunal held the Insurance Company liable to pay compensation to the claimants. THE Tribunal assessed the income of the deceased on the basis of the notional income at Rs. 15,000/- per annum and after deducting l/3rd of the said amount as his personal expenses, the claimants' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/-with the multiplier of 15, the compen sation was worked out at Rs. 1,50,000/ -. A further sum of Rs. 2,000/- was awarded towards funeral expenses. Thus, a total sum of Rs. l,52,000/-was worked out as compensation. As first claimant Neetu, widow of deceased Ram Gopal had remarried during the pendency of the claim petition, the Tribunal awarded a sum of Rs. 32,000/- as compensation to claimant No. 2 Smt. Chanchal (mother of deceased Ram Gopal) and a sum of Rs. 70. 000/- to claimant No. 3 Master Harsh Naiyar (minor adopted son of deceased Ram Gopal ).