SHEELA DEVI Vs. JAYANTI PARSHAD

JUDGEMENT

(1.) THIS appeal has been filed against the award of the Motor Accident Claims Tribunal, Gurgaon dated 1. 10. 1985 which had dismissed the claim petition filed under Section 110-A of the Motor Vehicles Act on account of death of Suresh Chand, husband of Sheela Devi, appellant No. 1, father of appellants No. 2 to 5 and son of appellants No. 6 to 7 who died in the accident on 25. 3. 1984. In the claim petition, they had claimed Rs. 40,000/- as compensation.

(2.) IN this case, the deceased was 33 years of age at the time of his death and was drawing Rs. 950/- as his salary. The Tribunal assessed the monthly dependency of the claimants on the deceased at Rs. 500/ -. By holding annual dependency of the claimants on the deceased at Rs. 6,000/- and by applying a multiplier of 16, the Tribunal held the claimants to be entitled to Rs. 96,000/- as compensation. Since, the claimants had claimed only Rs. 40,000/- the compensation payable to the claimants was restricted to Rs. 40,000/ -.

(3.) THE case of the claimants was that the accident had taken place due to negligent and reckless driving of the taxi being driven by its driver Shri Jayanti Parshad. The offending vehicle was owned by M/s American Express Taxi Company, respondent No. 2.