SIMAR KAUR Vs. PAWAN KUMAR

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation. Gurpreet Singh, a son of the claimant, died in a road side accident that took place on 21.06.2008. On his death, Simar Kaur, his mother has brought a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation in a sum of Rs. 10,00,000/-. Learned Motor Accidents Claims Tribunal, Fatehgarh Sahib (for short 'the Tribunal') vide award dated 15.12.2010 allowed the claim petition in a sum of Rs. 2,26,000/-. Gurpreet Singh has been aged 16 years at the time of his death. He was studying in 10+1 in S.I.S. Baba Maan Singh Academy, Pehowa. The claimant had high hopes on her son, who would have earned more than Rs. 10,000/- per month on coming to the age of earning. A sum of Rs. 30,000/- was spent on the last rites of the deceased. Thus, a sum of Rs. 10,00,000/- is claimed as compensation.

(2.) The claim petition is resisted by the respondents. They have denied the aforesaid averments of the claimants regarding age and other particulars of the deceased. It is denied that a sum of Rs. 30,000/- was spent on his last rites. The claimant is denied to deserve a sum of Rs. 10,00,000/- as compensation. They have prayed for dismissal of the claim petition.

(3.) The deceased has been taken to be of the age of 16 years at the time of his death. He was student of 10+1. He was soon coming to the earning age. Learned Tribunal took his notional income at Rs. 3000A per month. He has, however, taken the dependency of the claimant to be 40% instead of 50%. The contribution of Gurpreet Singh to his mother was, thus, taken at Rs. 1200/- per month, which came to Rs. 14,400/- per annum. Multiplier of 15 is adopted in the case to assess the compensation by learned Tribunal. A sum of Rs. 2,16,000/- is found to have been lost by the claimant in the death of Gurpreet Singh. A sum of Rs. 10,000/- was added as expenses on the transportation and last rites of the deceased and, therefore, a sum of Rs. 2,26,000/- has been assessed as compensation.