SANTRA AND OTHERS Vs. VIKRAM SINGH AND OTHERS

JUDGEMENT

(1.) There is delay of 116 days in filing the appeal. The same stands condoned for the reasons mentioned in the application.

(2.) This is an appeal directed by the widow, three children and mother of deceased Mahender who died in a motor vehicular accident which took place on 23.07.2011. The claimants/ appellants filed claim petition under Section 166 of the Motor Vehicles Act (in short "the Act") seeking compensation to the tune of Rs. 30 lacs.

(3.) The Tribunal, after adjudication, allowed a sum of Rs. 4,35,800/-. The income of deceased has been taken as Rs. 4200/- per month. The deduction has been made to the extent of 1/4th in respect of personal expenses. After deducting 1/4th, the monthly dependency comes to Rs. 3150/-. The yearly dependency comes to Rs. 37,800/- (3150 x 12). The age of deceased has been assessed as 51 years. The multiplier of 11 was applied and the amount of compensation calculated was Rs. 4,15,800/-. Another sum of Rs. 10,000/- was allowed in respect of consortium. Another sum of Rs. ,000/- was allowed in respect of expenses on last rites. In this manner, the total amount of Rs. 4,35,800/- was allowed as compensation to the claimants. Now the claimants have directed this appeal for enhancement of compensation. Learned counsel for the appellants has submitted that income of the deceased as Rs. 4200/- per month is on lower side.