SUMAN Vs. RAM BHAJ

JUDGEMENT

(1.) This is an appeal brought by the claimants seeking enhancement of compensation. Suman and others claiming themselves to be dependents of Ajay Dutt, who died in a road side accident that took place on 22.08.2010, brought a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation in the death of Ajay Dutt. Learned Motor Accidents Claims Tribunal, Panipat (for short 'the Tribunal') vide award dated 24.5.2012 allowed the claim petition and awarded a sum of Rs. 11,03,304/- as compensation in favour of the claimants. Ajay Dutt, the deceased had been working with Reliance General Insurance Company, Rohtak at the time of the accident. He was getting Rs. 20,000/- per month as salary. His widow, minor children and parents, who have filed the claim petition, have sought a sum of Rs. 40,00,000/- as compensation.

(2.) The aforesaid averments of the claimants have been denied by the respondents. They have denied the age, occupation and income of the deceased and have denied the claimants to deserve a sum of Rs. 40,00,000/- as compensation.

(3.) Learned Tribunal took the income of the deceased Ajay Dutt as Rs. 7350/- per month. She found the deceased to have been 34 years of age at the time of his death. Taking the dependency of the claimants at 3/4th of the aforesaid income, learned Tribunal found the annual dependency of the claimants at Rs. 66,144/-. Learned Tribunal adopted multiplier of 16 and came to a figure of Rs. 10,58,304/- as lost by the claimants in the death of Ajay Dutt. Learned Tribunal has, however, assessed a sum of Rs. 45,000/- in the name of love and affection, loss of estate, loss of consortium, transportation and funeral expenses and, thus, assessed a sum of Rs. 11,03,304/- as compensation.