CHANCHLA DEVI Vs. SAYED HUSSAIN

JUDGEMENT

(1.) Surjit Singh, aged 38 years, an Ayurvedic and Unani Practitioner at Kathua in the State of Jammu and Kashmir, died in a vehicular accident on October 15, 2008 due to rash and negligent driving of truck No. JK-03A-8540-by Sayed Hussain - respondent No. 1, in the area of Hamirpur. First Information Report No. 139 dated October 15, 2008 (Exhibit P2) was registered by the Police of Police Station Raj Bagh, District Kathua. Post mortem examination was conducted on the body of Surjit Singh and the report is Exhibit P1.

(2.) Widow, two minor daughters and mother filed claim application under Section 166 of the Motor Vehicles Act, 1988 before Motor Accident Claims Tribunal, Gurdaspur (for short 'the Tribunal'). It was pleaded that the deceased was earning Rs. 30,000/- per month by practising in Ayurvedic and Unani medicines.

(3.) On appreciation of evidence, the Tribunal held the income of the deceased at Rs. 3600/- per month 1/3rd was deducted towards his personal and living expenses and multiplier of 14 was applied. Loss of dependency was assessed at Rs. 4,05,200/- (2400 x 12 x 14). That apart, an amount of Rs. 2000/- was awarded towards funeral expenses. In all, compensation of Rs. 4,05,200/- along with interest at the rate of 6% per annum was awarded to the claimants - appellants.