BRIJESH KUMAR TYAGI Vs. BRIJESH UPADHYAY

JUDGEMENT

(1.) Being aggrieved by the award passed by the 4th Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.516/2012 on 10/09/2014, appellants have preferred this appeal.

(2.) Appellants are mother and father of the deceased Late Krishankant Tyagi aged about eight years. Respondent No.2 is the driver of the offending vehicle and respondent No.1 is the owner of the offending vehicle which was insured with respondent No.3/Insurance Company.

(3.) Brief facts of the case are that on 02/08/2012, Krishankant (since deceased) alongwith his grandmother was standing for going to Bhatpura, at that time, respondent No.2 came driving the offending bus bearing registration No.UP83-H-9690 rashly and negligently and dashed the deceased as well as Guddi Bai and other persons, due to which Krishankant sustained grieous hurts and died on the spot. After accident, FIR was lodged at police Station -Jaura, District- Morena (M.P.). Offence was registered. Appellants/claimants filed a claim petition before the Claims Tribunal, adduced evidence and thereafter, learned Claims Tribunal passed an award of Rs. 2,75,000.00 by calculating notional income of the deceased to be Rs. 30,000.00 per annum, applying multiplier of 15 and thereafter, deducing 1/2th of the amount towards personal expenses of the deceased following the law laid down by the Apex Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation & Another, (2009) 6 SCC 121 and adding a sum of Rs. 25,000.00 towards love and affection and Rs. 25,000.00 towards funeral expenses.