RAJ KUMARI Vs. BIR INDER SINGH

JUDGEMENT

(1.) THE claimants are in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'The Tribunal') dated 18.02.2009 whereby 'The Tribunal' awarded compensation of Rs. 02 lacs.

(2.) THE relevant facts of the case that Raj Pal, aged about 40 years, motor -cyclist died because of Motor Vehicle Accident involving Car bearing registration No.PB -07L -3104 which was being driven by Bir Inder Singh, respondent No.1 in a rash and negligent manner. The matter was reported to the police. The claimants claimed compensation to the tune of Rs. 20 lacs. 'The Tribunal' returned the findings that the accident resulted into injuries to the deceased but he had earlier sustained injuries in motor vehicle accident and his death had not taken place because of injuries sustained in the accident. The appellants are against the said findings recorded by 'The Tribunal' under Issue No.2A.

(3.) MR .Sagar Aggarwal, learned counsel for the appellants took the plea that most of the facts are not disputed that the motor vehicle accident had taken place on 27.03.2005 and Raj Pal had sustained injuries as Car No.PB -07L -3104 hit against him while he was going on motorcycle. Raj pal died on 27.07.2005. 'The Tribunal' returned the findings that Raj Pal had sustained injuries on 27.02.2005. Learned counsel for the appellants also took the plea that 'The Tribunal' has wrongly recorded the findings that the death was not because of injuries having been sustained in the accident rather Raj Pal died because of specticemia and he remained as patient during the intervening period. The injuries caused in the accident resulted the cause of death and the respondents are liable to pay the compensation in such like cases. The claimant s are entitled to receive compensation as income of the deceased was Rs. 10,000/ - per month and his future earnings were to grow with the passage of time and the earnings were to be added on account of enhanced future earnings. Self dependency is to be taken as 1/4th and multiplier of 15 was to be applied for arriving at the compensation but 'The Tribunal' has not awarded any amount.