INDER PAL AND OTHERS Vs. NIDHI AND ANOTHER

JUDGEMENT

(1.) There is a delay of 137 days in filing the present appeal. The same stands condoned on the grounds mentioned in the application. Otherwise also, Motor Vehicle Act is welfare legislation meant to provide speedy relief to the road accident victims. So, the application for condonation of delay stands allowed.

(2.) Inder Pal father, Gujratia -mother alongwith minors Santoshi and Jitend preferred the claim petition on account of death of Shiv Kumar, in a motor vehicular accident on 10.6.2009. Learned Tribunal, after appreciating the evidence, accepted the claim petition and allowed a sum of Rs. 1,82,800/- alongwith interest @ 7% per annum from the date of institution of the petition till realisation in favour of appellants No. 1 and 2, whereas claim petition qua appellants No. 3 and 4 was dismissed.

(3.) Since challenge in the present appeal is in respect of quantum of compensation only, as such the other facts need not be narrated. According to the case of the claimants,the deceased was earning Rs. 4,500/- per month as salesman with Vijay Medicos, and was getting Rs. 1,000/- on account of over time per month. However, the Tribunal assessed the income of the deceased as Rs. 2,400/- per month taking him as a casual labourer. Learned Tribunal relying upon the authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77, assessed the dependency to the tune of Rs. 1,200/- and the yearly dependency was assessed as Rs. 14,400/-. The age of the father and mother of the deceased was 48 and 45 years, respectively. The Tribunal applied the multiplier of 12 and granted an amount of Rs. 1,72,800/- in respect of compensation. Another amount of Rs. 10,000/- was allowed on account of transportation and funeral expenses.