MUNIANDI KUWALAN Vs. DEVENDRA SINGH

JUDGEMENT

(1.) DISSATISFIED with the adequacy of the award dated 9. 1. 2006 of the learned First Additional Member, m. A. C. T. , Indore the appellants have preferred this appeal seeking enhancement in relation to the death of their son, a student of engineering in third year, of four-year course in Computer Engineering. Tribunal has awarded only a sum of Rs. 3,00,000 as against Rs. 25,00,000 claimed by appellants.

(2.) ACCORDING to the case set up by the appellants, K. Bhagyaraj (deceased) and atul Gadwal were both the students of g. S. I. T. S. , Indore in B. E. Engineering. They had gone to the Lantern Square to have tea at about 12. 15 and when they were returning back to the hostel, in front of G. S. I. T. S. College, respondent No. 1, driver of the bus bearing registration No. MP 09-S 7792, brought it at an excessive speed and on account of his negligence, the son of the appellants and the other students were hit by the bus. As a result of the said accident, K. Bhagyaraj and ashish died on the spot while Atul Gadwal sustained severe injuries.

(3.) THE Claims Tribunal framed several issues and found that it was on account of rashness and negligence of the bus that the accident occurred and deceased Bhagyaraj died on account thereof. However, while considering whether his parents were entitled to a sum of Rs. 25,00,000, the Tribunal found that his annual income could be assessed as Rs. 30,000 and dependency of rs. 20,000 arrived annually was multiplied by 13 and a sum of Rs. 2,60,000 was awarded on account of the loss of dependency. To this amount a sum of Rs. 40,000 was added under various other heads and thus, a total sum of Rs. 3,00,000 was awarded.