DANI DEVI Vs. PRITAM SINGH

JUDGEMENT

(1.) By way of present appeal, the appellants have questioned the adequacy of compensation awarded by the learned Motor Accident Claims Tribunal, Jind, for short 'the Tribunal', vide its award dtd. 3/4/2012.

(2.) The facts, in brief, are that on 23/6/2011 the deceased (Hawa Singh) was going to his Village Jajanwala from Village Prabhuwala on bicycle, followed by his son Balwinder Singh on a separate bicycle. When the deceased reached near Gupta Brick Kiln, a jeep bearing registration No.HR-31-A-0426 being driven by respondent No.1 in a rash and negligent manner came from behind and struck the bicycle of deceased. As a result thereof, Hawa Singh fell down and suffered multiple grievous injuries. The deceased was shifted to General Hospital, Narwana, but he succumbed to the injuries on the way.

(3.) On account of the death of Hawa Singh, his dependents filed claim petition before the learned Tribunal. Learned Tribunal allowed the same and assessed the annual income of the deceased as Rs.21,600.00 and after applying the multiplier of 10, calculated the total dependency of the claimants as Rs.2,16,000.00 (Rs.21,600.00 x 10). It would be appropriate to mention here that as both the sons of the deceased being major were not found to be dependents upon their deceased father, therefore, learned Tribunal applied deduction @ 50% from the annual income of the deceased. Apart from that, Rs.10000.00 was awarded towards funeral, transportation and consortium, therefore, the claimants were held to be entitled for a total compensation of Rs.2,26,000.00 along with interest @ 9% per annum from the date of institution of the petition till its realization.