NANDA Vs. CHOTTULAL

JUDGEMENT

(1.) This appeal is filed against the judgment and award dated 17.7.2000 passed by the Motor Accidents Claims Tribunal, Rajgarh (Biaora) in Claim Case No. 18 of 1998.

(2.) Appellants, who were the claimants in the said claim petition, are respectively the widow, minor son and aged parents of one Santosh Kumar Mithal who died in a motor accident on 20.11.1995 involving vehicle No. CIC 9698. Deepchand, respondent No. 2, is the owner, Chottulal, respondent No. 1, is the driver and New India Assurance Co. Ltd., respondent No. 3, is the insurer of the said vehicle. Appellants claimed compensation of Rs. 38,25,300. Tribunal, after appreciating the evidence, awarded a compensation of Rs. 5,00,000 with interest at 12 per cent per annum from the date of petition. Appellants have filed this appeal contending that the compensation awarded is inadequate. Therefore, the only question that arises for consideration is about the adequacy of compensation.

(3.) The Claims Tribunal found that the deceased was aged 32 years at the time of death and was working as Assistant Lecturer in Government College, Rajgarh and his salary was Rs. 7,100 per month. After making deductions on account of his personal expenditure and living expenses it arrived at the contribution to the family as Rs. 4,200 per month. Thus the dependency was determined as Rs. 50,400 per annum. By applying the multiplier of 10, it arrived at total loss of dependency at Rs. 5,04,000. Rounding off the same, the award was made for Rs. 5,00,000.