KARTARO DEVI Vs. VIMAL KUMAR AND OTHERS

JUDGEMENT

(1.) The appellant, who is mother of deceased Balwinder Kumar, has filed this appeal under Section 173 of the Motor Vehicles Act with a prayer for enhancing the amount of compensation.

(2.) Vide impugned award dated 2.9.2009, learned Motor Accidents Claims Tribunal, Gurdaspur (hereinafter referred to as 'the Tribunal') while allowing the claim application filed by Babli Devi-respondent No.4, who was widow of Balwinder Kumar, held the said respondent and the appellant entitled to receive an amount of Rs. 3,40,000/- as compensation. They were also granted an amount of Rs. 5,000/- on account of expenditure on funeral, etc. and Rs. 5,000/- on account of loss of estate. The compensation was, accordingly, assessed at Rs. 3,50,000/-. Besides, respondent No.4 was further awarded an amount of Rs. 10,000/- on account of loss of consortium. Out of the amount of Rs. 3,50,000/- awarded to the appellant and respondent No.4 as compensation, Rs. 1,60,000/- was ordered to be paid to the appellant and remaining amount of Rs. 1,90,000/- to respondent No.4.

(3.) While allowing the claim application of respondent No.4 to the extent indicated above, learned Tribunal considered deceased Balwinder Kumar to be a daily wage earner, earning Rs. 100/- per day and and getting work on 25 days in a month, i.e. Rs. 2,500/- per month or Rs. 30,000/- per annum. Keeping in view the size of the family, deduction of 1/3 rd was ordered and, accordingly, the dependency was calculated as Rs. 20,000/- per annum and as the deceased was 29 years of age at the time of his death, multiplier of '17' was applied.