DWARIKA Vs. GURUPAL KAUR

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939, has been filed by the claimants for enhancement of compensation awarded in Claim Case No. 37 of 1983 vide award dated 12. 8. 1985 by the Motor Accidents Claims Tribunal, Bilaspur.

(2.) THE claimants are the parents of the deceased Rajendra, a young man of 25 years, who died in motor accident. An amount of Rs. 5,26,000/- was claimed as compensation on the averment that the deceased had a bright career, he was holding the post of Sarpanch and was a student of law and Secretary of the College Union. From agriculture he was earning Rs. 20,000/- per annum after deducting the expenses on agriculture. The Tribunal after deducting the personal living expenses of the deceased determined the dependency at the rate of Rs. 1,500 per year and by applying multiplier of 16 awarded an amount of Rs. 24,000/- as compensation with interest at the rate of 6 per cent per annum.

(3.) MR. Ravish Agarwal, the learned Counsel for the appellants took this Court through evidence and contended that the deceased was having a bright career, his agricultural income from the land 19. 23 acres of Rs. 14,000/- after deducting the expenses of agriculture has been fixed on lower side looking to the area of irrigated land, the income from the agriculture land could not have been less than Rs. 20,000. Even if yearly income is considered as Rs. 14,000/- after deducting 1/3rd personal living expenses of the deceased, the dependency would come to Rs. 9,440/- per year wherein if a multiplier of 15 is applied the amount of compensation would come to Rs. 1,41,600/- for which the claimants were entitled with interest at the rate of 12 per cent per annum from the date of application till realisation.