CATHERINE TERESA RAJ PILLAI Vs. AWTAR SINGH

JUDGEMENT

(1.) This is the claimant's appeal for enhancement of compensation awarded by the Second Motor Accidents Claims Tribunal, Murwara (Katni) on account of death of her son Sunder Raj Pillai in an automobile accident.

(2.) The appellant is the mother of the deceased who was 37 years old at the time of the accident. He was an employee of the Indian Railways and as per the salary certificate Exh. P-l, was earning a salary of Rs. 1,857 per month as Electric Fitter Grade IX. On the fateful day he was hit by truck No. PAT 5357 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3, Sunder Raj Pillai died on the spot as a result of the injuries sustained in this accident. The driver was apprehended on the spot.

(3.) The Tribunal held that the accident occurred on account of the rash and negligent driving of this truck and considering the age of the deceased and that of the claimant a multiplier of 13 was taken. The annual dependency was assessed at Rs. 15,084 after deducting Rs. 600 from his salary of Rs. 1,857 per month, towards personal living expenses. The dependency of LRs was thus arrived at Rs. 1,96,092. To this an amount of Rs. 2,000 was added towards funeral expenses. The Tribunal thus awarded a total sum of Rs. 1,98,092 as compensation from which a sum of Rs. 27,392 which had already been paid by way of interim compensation was deducted. The balance of Rs. 1,70,700 was directed to be paid within two months of the award with interest at the rate of 12 per cent per annum.