KAMLESH Vs. SATPAL

JUDGEMENT

(1.) THESE two appeals have arisen from the award dated 04.12.2001 passed by Motor Accident Claims Tribunal, Sirsa. The appellants are seeking enhancement in the compensation awarded to them.

(2.) THE facts needs a brief reference. Gobind Ram and Yudhisthar started from Sirsa and were proceeding to Delhi on 09.01.1999 in a jeep driven by Prem. At 8.30 a.m. when they were near Mundhal Chowk, a truck driven by Satpal -respondent No. 1 came from the opposite side and struck against the jeep. All the occupants sustained injuries. Gobind Ram died in the hospital while the other injured were taken to Medical College and Hospital, Rohtak. The jeep was also damaged. Two claim petitions were filed one seeking compensation for the death of Gobind Ram and the other seeking damages to the jeep.

(3.) THE Tribunal noticed that Gobind Ram also owned five acres of land and he was an income tax payee. The income tax return where income was shown as Rs. 27,000/ - was considered. A sum of Rs. 12,000/ - per annum was added as income from agricultural land. The annual income was taken at Rs. 39,000/ -. One third was deducted as personal expenses and applying the multiplier of 16, the loss was calculated at Rs. 4,16,000/ -. A sum of Rs. 9,000/ - was added for funeral expenses and loss of consortium. With respect to the damage to the jeep, bills of Rs. 59,579/ - were produced. The Tribunal made a cut of 50% as depreciation as the jeep was a very old 1987 model. It allowed a sum of Rs. 32,000/ - for the damage to the jeep.