SHANTI DEVI Vs. R.N. SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Satna in Claim Case No. 87 of 1993 dated 31.1.1997.

(2.) ACCIDENT took place on 12.12.1992 when Truck No. M.P. 19/0101 driven rashly and negligently by its driver hit deceased Devpal Singh, who died as a result thereof after 4/5 days in the hospital. Compensation of Rs. 19,20,000/- is claimed. Respondents have denied the accident and the liability for payment of compensation. However, Claims Tribunal holds that accident took place as alleged. Compensation of Rs. 76,800/- has been awarded with interest at the rate of 12% per annum.

(3.) GIVING consideration to the matter, and looking to the nature of evidence, it is just and proper to assess compensation in this case on the basis of income of non-earning person. Therefore, annual income of the deceased is taken Rs. 15,000/-. After making deduction of 1/3rd towards personal expenditure, depedency comes to Rs. 10,000/- per annum, multiplied by 16, Rs. 1,60,000/-. Claimants are also entitled to Rs. 5,000/- towards consortium to the wife, Rs. 7,000/- for loss of expectancy of life, Rs. 2,500/- for loss to the estate, Rs. 2,000/-for funeral expenses and Rs. 5,000/- towards transport, treatment, diet, etc. till the death of deceased after 3/4 days of the accident, taking the compensation to Rs. 1,81,500/-.