ANJU SHARMA Vs. SURENDER

JUDGEMENT

(1.) This is an appeal brought by the claimants for enhancement of compensation. The claim petition brought by Smt. Anju "Sharma and others under section 166 of the Motor Vehicles Act, 1988 (for short the Act') has been allowed by learned Motor Accidents Claims Tribunal, Bhiwani, (for short 'the Tribunal') vide award dated 4.10.2010 in a sum of Rs. 2,62,000. The claim petition had been brought for compensation on the death of Sanjay Sharma having occurred in a road side accident that took place on 28.5.2009. On 28.5.2009 at about 6.00 AM, a bus driven by Malkiat Singh bearing registration No. RJ-06PA-0610 near Shahabad at a moderate speed. The deceased Sanjay Sharma was with the bus as second driver. At that place, a truck-trolla bearing registration No. HR-46R-5762 was standing on the middle of the road without any indication. The driver of the bus noticed the truck trolla late and though he applied brakes but could not stop hitting the truck-trolla at its back. Sanjay Sharma suffered multiple injuries, on account of which he died. FIR was lodged on the statement of Ram Singh, a cleaner of the bus. A sum of Rs. 70,00,000/- is claimed as compensation.

(2.) The respondents denied the averments of the claimants. They have denied the accident to- have occurred in the aforesaid manner. They have dented the deceased to be earning Rs. 15000/- per month and have denied the claimants to be entitled to Rs. 70,00,000/- as compensation.

(3.) Learned Tribunal found the case to be one of contributory negligence where the responsibility for causing the accident was apportioned as 50:50. Learned Tribunal took the income of the deceased as Rs. 3500/- per month and Rs. 42,000/- per annum. Taking the case to be ones of the contributory negligence,' he took into consideration 50% of his income arid applying deduction of 1/5th thereto found the annual dependency of the claimants at Rs. 16,800/-. Multiplier of 15 has been adopted in this case and he has assessed a sum of Rs. 2,52,000/- as the loss suffered by the claimants in the death of Sanjay Sharma. A sum of Rs. 10,000/- is assessed as compensation for loss of estate and thus, a sum of Rs. 2,62,000/- is awarded as compensation.