LALITA DEVI Vs. BHOLA

JUDGEMENT

(1.) -THE present appeal is against the award dated 29. 8. 1991 passed by the learned Motor Accidents Claims tribunal, Faridabad, whereby a sum of rs. 1,50,000 was awarded as compensation to the appellants.

(2.) IN a motor vehicular accident on 30. 6. 1989, Rajesh Kumar, who was working as Supervisor at a stone crusher, has died. His wife, two minor sons, two minor daughters and mother, as his legal heirs and dependants, filed a claim application under section 166 of the Motor Vehicles act, 1988, for claiming compensation of rs. 5,00,000. It is pleaded that Rs. 2,500 was the monthly income of the deceased besides other perks like free residential accommodation.

(3.) THE learned Tribunal found that the monthly income of the deceased was rs. 1,200, on the basis of statement of Sita ram, PW 3, the employer. However, the facility of the rent-free accommodation or conveyance in connection with the employment was not taken into consideration and 65 per cent of the salary was considered as dependency and, thus, worked out total amount of compensation payable as rs. 1,49,760, rounded off to Rs. 1,50,000 after applying 16 as multiplier.