POONAM Vs. RAJBIR RAWAL

JUDGEMENT

(1.) One person named Ajmer met with an accident on 21.11.2007, which proved fatal resulting into his death. The appellants herein, who are the legal heirs of Ajmer, filed application before the Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal') seeking compensation from the respondents alleging that the accident took place because of rash and negligent driving of the offending Jeep Scorpio, which was driven by the respondent No.1 herein. Respondent No.2, is the Insurance Company which had insured that vehicle and in that capacity compensation was claimed from the said Insurance company as well. FAO-1943-2010

(2.) The Tribunal held that the accident had taken place due to rash and negligent driving of the respondent No.1. While calculating the compensation, which is payable under the provisions of Motor Vehicles Act (hereinafter referred to as 'the Act'), the Tribunal determined the income of the deceased at Rs.7,500/-, which was the salary drawn by the deceased, who was working as a Teacher in Ujala Modern Senior Secondary School Kaith, District Panipat. The Tribunal held that the deceased must be spending 1/3 rd of the salary, i.e., Rs.2,500/- upon himself and contributing to all the members of his family Rs.5,000/- thereby arriving at yearly dependency of the claimants at Rs.60,000/-, determined the compensation of Rs.9,60,000/- payable to the appellants and in addition thereto Rs.10,000/- is given as expenditure incurred towards last rites and funeral of the deceased and Rs.5,000/- towards loss of consortium to the appellant, widow of the deceased. In this manner, total compensation of Rs.9,7,5000/- is awarded.

(3.) The appellants are not satisfied with the amount of compensation. Hence this appeal.