ANITA AND ORS Vs. RAM NIWAS AND ORS

JUDGEMENT

(1.) The appeal has been preferred by the claimants for enhancement of compensation calling in question award dated 17.8.2004 passed by 4th Addl. Motor Accident Claims Tribunal, Gwalior in Claim Case No. 90/2003.

(2.) The claimants are widow, children and parents of deceased Bhagwan Singh. Age of Bhagwan Singh was between 25-30 years. It was claimed that deceased was doing the work of Palledar as well as used to sell the milk. By way of Palledari he used to earn a sum of Rs. 150-200 per day and by selling milk Rs. 3,000 per month. Evidence was adduced. The Tribunal has assessed the income at Rs. 2.500 per month. It would be appropriate in the facts and circumstances of the case to assess the income at Rs. 3,500 per month from both the works, annual Rs. 42,000. After making l/3rd deduction towards the self-expenditure of the deceased which amount he would have spent on himself had he been alive, loss of annual dependency comes to Rs. 28,000, multiplier of 18 is applicable which we apply, thus, compensation on account of loss of dependency comes to Rs. 28,000 x 18 = Rs. 5,04,000. In addition, a further sum of Rs. 40,000 is awarded under the customary heads such as loss of estate, loss of expectancy of life and funeral expenses inclusive of a sum of Rs. 10,000 awarded to the widow on account of loss of consortium. Thus, total compensation comes to Rs. 5,44,000 (Rs. five lacs forty-four thousand only). The enhanced compensation to carry the interest at the rate of 7% per annum from the date of filing of claim petition till realization.