KITABO DEVI Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the claimants -appellants aggrieved against the inadequate compensation granted by the learned Motor Accident Claims Tribunal, Rewari ('Tribunal' for short) and for claiming more compensation.

(2.) GANPAT son of Siri Ram who is the deceased in the case had boarded a Jeep with registration No.HR34/4962 from Village Bawana Gujjar/Gobindpur on 03.07.1999. He was going to Rewari for purchasing goods for his shop that he was running. The Jeep in which Ganpat had boarded, was being driven by Raj Kumar (respondent No.1). According to the appellants, the Jeep driver (respondent No.1) was driving his Jeep in a rash and negligent manner, besides, at a very high speed. He did not follow any traffic rules. The Jeep reached in the revenue estate of Village Sundroj at about 7.30 a.m. At that time, a tractor came from the opposite side. The driver of the tractor was on his left side of the road and at a normal speed. However, Raj Kumar (respondent No.1) dashed his Jeep in the tractor. As a consequence thereof, Ganpat received multiple serious injuries. He was taken to Civil Hospital, Rewari where he succumbed to his injuries. The appellants filed a claim petition for grant of Rs.5,00,000/ - as compensation for the demise of Ganpat along with interest to the extent of 18% per annum from the date of filing the petition till payment.

(3.) IT is stated that Ganpat was 35 years of age and was earning Rs.4,000/ - per month by running a shop in his Village. The appellants were fully dependent on him. The learned Tribunal after considering the evidence and material on record, has taken the monthly income of the deceased to be Rs.2400/ - per month. Out of this, it was held that his dependency was to the extent of 1/3rd. Therefore, the monthly income was taken at Rs.1600/ - per month i.e. Rs.19,200/ - per annum. Considering the age of Ganpat to be 35 years, a multiplier of 17 was applied and a sum of Rs.3,26,400/ - was awarded, besides, Smt. Kitabo was also held entitled to Rs.5,000/ - towards general damages on account of loss of consortium and another sum of Rs.5,000/ - on account of transportation and funeral expenses. Accordingly, a sum of Rs.3,36,400/ - was awarded with interest @ 9% per annum from the date of filing the petition till realisation.