PREMWATI Vs. GURDEEP SINGH

JUDGEMENT

(1.) THE claimants have filed the present appeal against the award dated 23rd December, 2010 passed by the Motor Accident Claims Tribunal, Sonepat to the extent of granting inadequate compensation to them for the death of their bread -earner Sandeep in a motor vehicular accident. Vide impugned award, the Tribunal held that it was respondent No. 1, who drove the offending vehicle in a rash and negligent manner, resulting in the accident in which Sandeep son of Premwati -appellant received injuries and died as a result thereof. His monthly income was assessed as Rs. 4,500/ - and after applying a cut of 1/3rd which the deceased might be spending upon himself, assessed the as Rs. 3,000/ - per month or Rs. 36,000/ - per annum. As the deceased was 30 years of age at the time of his death, multiplier of '17' was applied so as to calculate total dependency as Rs. 6,12,000/ -. Apart from that a sum of Rs. 10,000/ - was awarded towards transportation charges and funeral expenses and another sum of ? 10,000/ - on account of consortium as one of the claimants is his spouse. Hence, a total compensation of Rs. 6,32,000/ - was awarded. All the respondents were held jointly and severally liable to pay the compensation amount. Out of the same, a sum of Rs. 2,82,000/ - was awarded to Smt. Reena Devi -appellant, wife of Sandeep, Rs. 50,000/ - to Smt.Premwati -mother, whereas Divya and Bhomika, minor daughters of the deceased, were held entitled to a sum of Rs. 1,50,000/ - each.

(2.) THE limited question involved in the present appeal is regarding quantum of compensation.

(3.) RESULTANTLY , the appeal is allowed by enhancing the amount of compensation from Rs. 6,32,000 / - to Rs. 7,08,500/ -. The enhanced amount of compensation shall fetch interest at the rate of 7.5% per annum from the date of filing the claim petition till its realization. All the respondents shall be jointly and severally liable to pay the enhanced amount of compensation as well. The entire enhanced amount of compensation, alongwith interest thereon, be paid to Smt. Reena Devi, wife of the deceased. No costs.