LAWS(P&H)-2015-3-710

MURTI DEVI AND OTHERS Vs. RAMPHAL AND OTHERS

Decided On March 20, 2015
Murti Devi And Others Appellant
V/S
Ramphal And Others Respondents

JUDGEMENT

(1.) (Oral) - This is an appeal directed by the widow, daughter, minor sons and father of deceased, namely, Ram Kumar, who is stated to have died in a motor vehicular accident.

(2.) The learned Tribunal after appraising all the evidence accepted the claim petition and allowed a sum of Rs. 4,60,000.00. The income of the deceased was taken as Rs. 3,300.00 per month and 1/3rd amount was deducted in respect of personal expenses and monthly dependency was taken as Rs. 2,200.00 per month and annual dependency was taken as Rs. 26,400.00 (2,200 x 12). The age of the deceased was taken as 33 years and a multiplier of 17 was applied and in this manner a sum of Rs. 4,48,800.00 (26,400 x 17) was allowed. A sum of Rs. 2,500.00 was allowed in respect of funeral expenses, Rs. 5,000.00 for loss of consortium and Rs. 2,000.00 on account of loss of estate and in this manner, amount calculated was Rs. 4,58,300.00, which was rounded off to Rs. 4,60,000.00.

(3.) The liability to pay the amount was that of driver, owner and insurance company jointly and severally. Since, this is an appeal for enhancement and as such, other facts need not to be repeated.