MAMTA DEVI Vs. SHIV PAL SINGH

JUDGEMENT

(1.) WE have heard Sri R.K. Paul, learned counsel for the claimants -appellants at length at the time of admission. This appeal can be disposed of at this stage finally without issuing notices to the respondents.

(2.) THIS First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellants -claimants for enhancement of the compensation by modification of the judgement and award dated 22.6.2007 passed by the Motor Accident Claims Tribunal/Additional District Judge, 3rd, Kanpur Dehat in M.A.C. No.192 of 2006. In brief the facts are that the deceased Suresh Babu, the husband of appellant -claimant no.1 and father of appellants -claimants no.2 to 5 accompanied by one Vijay Singh was going on a motorcycle on 23.3.2006 on Mugal Road near Mehrauli -Sihora bend, Kanpur Dehat. At about 7.30 p.m., the driver of Tanker no. M.P.06 -E -1523 hit the motorcycle from behind resulting in the death of Suresh Babu. Respondents/Opposite Parties no.1 and 2 are the owner and Insurance Company of the tanker. Respondents/Opposite Parties no.3 and 4 are the parents of the deceased.

(3.) AFTER hearing both the parties, Tribunal came to the conclusion that the death of Suresh Babu was caused due to rash and negligent driving of Tanker no.M.P.06 -E -1523 and the deceased had not, in any manner, contributed towards the accident. Tribunal also found that the aforesaid tanker was owned by respondent no.1 and insured by the respondent no.2 at the time of accident and there was no violation or contravention of the conditions of the insurance policy. It was also found that the tanker driver and the deceased had valid and effective driving licenses at the time of accident. Learned Tribunal assessed the income of the deceased to be Rs.7,200/ - per month and the dependency was calculated at Rs.4,800/ - per month. Applying the multiplier of 15 relevant for the age group of 40 -45 years, pecuniary damages were assessed to be Rs.8,64,000/ -. Additional amounts of Rs.2,000/ - for funeral expenses, Rs.3,000/ - for loss of estate and Rs.5,000/ - for loss of consortium to the wife of the deceased were added. Thus a consolidated sum of Rs.8,74,000/ - was awarded to the claimants -appellants and respondents no.3 -4 along with 6% interest w. e. f. 31.5.2006 i.e. the date of presentation of the claim petition.