NANDU ALIAS NANDLAL Vs. SAMARU GOND

JUDGEMENT

(1.) IN this appeal preferred under section 173 of the Motor Vehicles Act, 1988 (in short 'the Act'), the appellants have assailed the award dated 3.7.1998 passed in Claim Case No. 52/99 passed by the II Additional Motor Accidents Claims Tribunal, Mandla, whereby the Tribunal has fixed the amount of compensation at Rs. 1,56,240/-. It is pertinent to mention here that the Tribunal had fixed the quantum at Rs. 1,53,600/- and thereafter reduced 10% of the sum of the ground of necessity and added Rs. 12,000/- on different heads. Thus, eventually the sum awarded came to Rs. 1,56,240/- as has been indicated above.

(2.) IT is not disputed that the deceased was a young girl of 18 years. The Triubnal has assessed the income at Rs. 1,200/- per month and fixed the contribution to the family at Rs. 800/- per month. In our considered view, the income of the deceased should have been treated in the notional spectrum, i.e., Rs. 15,000/- per year. Only Rs. 15,000/- per year is taken to be the income, the contribution would be Rs. 10,000/-. The multiplier, taking into consideration the age of the deceased and the age of the parents, should be 16. Thus, the compensation should have been computed at Rs. 10,000 x 16 = 1,60,000/-. To this, a sum of Rs. 4,500/- could be added on the loss of estate and funeral expenses. Thus, the claimants would be entitled to Rs. 1,64,500/-.

(3.) THUS , the Insurance Company shall pay the balance sum of Rs. 22,500/- within a period of 6 weeks from the date of receipt of the order. The said amount shall be deposited before the Tribunal, failing which the interest shall accrue @ 12% p.a. on the enhanced sum. The appeal is allowed to the extent indicated above. There shall be no order as to costs.