NALINI Vs. MUKHTYARSINGH

JUDGEMENT

(1.) THIS is a claimants' appeal against the judgment and award dated 27. 4. 2001 in Claim Case No. 17 of 2000 passed by the Twelfth M. A. C. T. , indore.

(2.) THE claimants are the young widow, younger brother, father and mother of one devendra Sharma, a Mechanical Engineer, having passed B. E. in the first class. On 14. 5. 1996, when he was driving a car, the truck bearing registration No. MP 09-KA 3862 (of which respondent Nos. 1, 2 and 3 are respectively the driver, owner and insurer)which was being driven in a negligent manner, dashed against the said car and Devendra Sharma sustained serious injuries. He died on account of the injuries sustained in the said accident after 6 days. Feeling aggrieved, the claimants filed the said claim petition claiming a compensation of Rs. 73,00,000.

(3.) AFTER appreciating the evidence, the tribunal by its judgment and award dated 27. 4. 2001 allowed the claim in part. It held that the accident occurred due to negligence of the driver of the truck and that there was no negligence on the part of the deceased. It, therefore, held that respondents are jointly and severally liable to pay the compensation. It assessed the income of the deceased as Rs. 5,000 per month or rs. 60,000 per annum. It deducted 40 per cent for the personal and living expenses of the deceased and arrived at the annual loss of dependency at Rs. 36,000. By applying a multiplier of 15, it arrived at a total loss of dependency at Rs. 5,40,000. By adding Rs. 12,000 under conventional heads, it determined the total compensation as Rs. 5,52,000 and awarded the same to the claimants with interest at the rate of 9 per cent per annum from the date of petition till date of realisation.