BASANTI DEVI Vs. NARESH HANGAR

JUDGEMENT

(1.) RAJEEV Gupta, C. J. The claimants have filed this appeal for enhancement of the compen sation awarded by the Motor Accident Claims Tribunal / District Judge, Tehri Garhwal vide Award dated 20-04-2005 passed in Motor Accident Claim Petition No. 2 of 2004.

(2.) THE claimants, who are unfortu nate widow and minor children of de ceased Birendra Singh @ Beeru, claimed compensation of Rs. 31,37,000/- for his death in the motor accident on 22-12-2003 when the Jeep bearing registration No. U. P. 07- B-0109, in which he was travelling, met with an accident due to the rash and negligent driving of its driver resulting in multiple serious inju ries to the occupants of the J*p includ ing Birendra Singh @ Beeru, who suc cumbed to his injuries on way to the hospital.

(3.) AS the evidence led by the claim ants about the income of deceased Birendra Singh @ Beeru was not found reliable by the Tribunal, the income of the deceased was assessed at Rs. 15,000/- per annum on the basis of the notional income prescribed in the Sec ond Schedule under Section 163-A of the Motor Vehicles Act. By deducting I/ 3rd of Rs. 15,000/- as the personal ex penses of the deceased, the claimants' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of '14', the compensation was worked out to Rs. 1,40,000/- The Tri bunal awarded Rs. 37,000/- under other heads and thus, a total sum of Rs. 1,77,000/- was awarded as compensa tion to the claimants for the death of Birendra Singh @ Beeru in the motor accident. The Tribunal, further, directed the insurer of the Jeep to pay interest at the rate of 4% per annum on the above amount of compensation to the claim ants from the date of the claim petition.