BANWARILAL Vs. RAJENDRA SINGH

JUDGEMENT

(1.) APPELLANTS -claimants have filed this appeal under Section 173 of the Motor Vehicles Act against the award dated 20.10.2008 passed by Third Motor Accident Claims Tribunal, Morena in Claim Case No. 43/2007 for enhancement of compensation.

(2.) DECEASED Kalia alias Kalicharan had been working as Cleaner on the truck bearing registration No. MP -06/E -4434. When he had been going in the truck, due to rash and negligent driving by the driver of the truck, he fell down and received serious injuries. He was admitted in the hospital and subsequently he died. A report of the accident was lodged at Police Station Bowenpalli district Hyderabad on 17.8.2006. The police registered an offence against driver of the truck under Sections 279 and 337 IPC vide Crime No. 305/2006.

(3.) LEARNED Counsel for Appellants -claimants has submitted that the Claims Tribunal has committed an error of law in deducting 2/3rd income as personal expenses of the deceased though in calculating dependency in fatal accident claims only 1/3rd amount can be reduced in consideration of the expenses which the victim would have incurred towards maintaining himself because the claim application has been filed under section 163A of the Motor Vehicles Act and the Claims Tribunal has awarded a less compensation. Contrary to this learned Counsel for Insurance Company has submitted that the Claims Tribunal has passed a just and proper compensation and in deciding the application for compensation the Claims Tribunal has correctly fixed the dependency of the claimants. The Insurance Company has not disputed the fact that the offending vehicle was insured by the Insurance Company at the time of accident. Hence, the appeal is being decided with regard to quantum of compensation.