NARENDER NAYYAR Vs. SHEODAN SINGH AND ORS.

JUDGEMENT

(1.) THE present appeal has been filed by the claimant -appellant, challenging the impugned Award dated 14.12.1998, passed by the learned Motor Accidents Claims Tribunal, Gurgaon (in short 'the Tribunal'), whereby a sum of Rs. 55000/ - has been allowed under no fault liability' to the appellant. Learned counsel for the appellant contends that the learned Tribunal has committed a grave error, while deciding the claim petition on the ground that the appellant was not the dependent upon the deceased. The appellant is the son of the deceased. The appellant was totally dependent upon her mother. She being the proprietor of M/s. Perry Chemical Industry and M/s. Perry Transport Company, used to earn Rs. 7000/ - per month as reflected in the income tax returns.

(2.) ON the other hand, the learned counsel appearing for the Insurance Company submits that the appellant being major, was not dependent upon his mother. Therefore, the learned Tribunal has rightly declined his claim. He prays for the dismissal of the appeal.

(3.) THE factum of accidental death of Shanti Rani, mother of the appellant is not disputed. She was 62 years of age at the time of her death. The learned Tribunal in para 13 of the impugned award, has recorded that "now the claim of petitioner No. 1 (appellant herein) remains and I have no hesitation to say that the petitioner has not led adequate, sufficient or convincing evidence that he was having any dependency upon the deceased, Who was 62 years of age at the time of the death." The appellant was major at the relevant time. No doubt, he was the LR of the deceased, but there is no such evidence that he was dependent upon her mother (since deceased). Thus, the learned Tribunal has rightly awarded a sum of Rs. 50000/ - under no fault liability. However, this Court feels that the amount awarded towards funeral expenses is inadequate, therefore, the same is enhanced from Rs. 5000/ - to Rs. 15,000/ -.