RAMESHCHANDRA Vs. VIKRAM SINGH

JUDGEMENT

(1.) DECEASED Sheikher was the only son of the claimants-appellants. He had died on 29.8.1998 in a tractor accident. The Tribunal had assessed his notional income at Rs. 15,000/- per annum in accordance with second schedule of the M.V. Act, 1988. It had deducted one third as personal expenses and thus found dependency at 10,000/- per year. Out of this amount the tribunal had further deducted Rs. 2,500/- as personal expenses of the deceased which certainly has not been proper. Double deduction of personal expeness had been unwarranted. Thus, the appellants are entitled to get Rs. 2500 x 12 = Rs. 37,500/- more on this count. Award of Rs. 2,000/- as funeral expenses had been proper. The Tribunal had awarded only Rs. 9,000/- as medical expenses. However, the appellant-claimant had submitted Ex. P-8 for Rs. 6,992/-, Ex. P-9 for Rs. 1,880/- and Ex. P-10 for Rs. 1,962/- which totals to Rs. 10,900/- as medical expenses. Enhancement of Rs. 1,900/- is allowed on that count besides that the Tribunal should have awarded Rs. 2,500/- for loss of estate. Thus, in all enhancement of Rs. 41,900/- with interest at the rate of 9% per annum since the date of claim i.e. 6.9.1999 is allowed to the appellant. Appeal allowed to that extent.