RAJESH Vs. ASIF

JUDGEMENT

(1.) This is an appeal brought by the claimants for enhancement of compensation. Neelam died in a road side accident that took place on 24.09.2010. On her death, her husband and her minor daughters have brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation" in a sum of Rs. 20,00,000/-. The said claim petition has been allowed by learned Motor Accidents Claims Tribunal, Rohtak (for short 'the Tribunal') vide award dated 08.08.2011 in a sum of Rs. 5,23,000/-. Neelam had been aged 27 years at the time of her death. She was serving as peon with Deep Arya High School, Kheri Sampla and was getting Rs. 1800/- per month as salary. She was doing tailoring work also and was earning Rs. 3000/- per month. A sum of Rs. 50,000/- was spent on her last rites. She was pregnant and carried a male foetus.

(2.) Respondent No. 1 has been proceeded against ex-parte in this case. The claim petition has been resisted by the other respondents, who have denied the averments of the claimants regarding age, occupation and income of the deceased. They have denied the claimants to deserve a sum of Rs. 20,00,000/- as compensation.

(3.) Learned Tribunal took the income of the deceased at Rs. 3000/- per month and then assessed 2/3rd thereof as dependency of the claimants. Taking the annual dependency at Rs. 24,000/-, learned Tribunal applied the multiplier of 17 and assessed a sum of Rs. 4,08,000/- as the loss suffered by the claimants in the death of Neelam. A sum of Rs. 15,000/- was added thereto under the conventional heads. Learned Tribunal took into consideration the fact that the deceased tarried a 28 weeks old male foetus and on account of death of the male foetus, a sum of Rs. 1,00,000/- was awarded as compensation in addition to the aforesaid amounts. Thus, a sum of Rs. 5,23,000/- has been assessed as compensation in favour of the claimants.