SUCHITRA SINHA Vs. BAIJNATH

JUDGEMENT

(1.) This appeal is filed by the claimants against the award dated 14.9.1998 passed by the Motor Accidents Claims Tribunal, Shajapur, in Motor Accident Claim Case No. 74 of 1994.

(2.) It is not in dispute that Dr. Sushil Kumar Sinha died in an accident caused by truck No. CIG 8535 when the deceased was standing near his parked motor cycle on Agra-Bombay Road near Khujner crossing. Appellant No. 1 is widow, appellant No. 2 is daughter and appellant Nos. 3 and 4 are sons of the deceased. The appellants filed a claim petition seeking compensation of Rs. 12,50,000 for the death of Dr. Sushil Kumar Sinha. They claimed that the deceased was aged 48 years and was a private doctor practising in Homoeopathy and Ayurveda Systems of Medicine and was earning Rs. 10,000 to Rs. 12,000 per month.

(3.) The Tribunal found that the deceased was aged 48 years at the time of death and assessed his income to Rs. 18,000 per year making deductions of 1/3rd on account of his personal expenditure, living expenses, contribution to the family was arrived at Rs. 12,000 per year. By applying the multiplier of 13 it arrived at the total loss of dependency at Rs. 1,56,000 a further sum of Rs. 2,000 for funeral expenses, Rs. 5,000 as consortium to widow was added and the award was made for Rs. 1,63,000, with interest at the rate of 12 per cent per annum from the date of application.