KAMLESH YADAV Vs. PARBHU DYAL

JUDGEMENT

(1.) The claimants are the appellants before this Court. They have prayed for enhancement of compensation, which had been awarded by the learned Motor Accident Claims Tribunal, (for short 'the Tribunal'), vide award dated March 12, 1998.

(2.) On June 20, 1996, Mahavir Singh Yadav, who was aged 46 years and was employed as a Lecturer with Government Composite (Model) Coeducation Senior Secondary School, Najafgarh, died. The claimants filed a claim petition claiming that the accident in question had taken place on account of the rash and negligent driving of Bus belonging to Delhi Transport Corporation number DBP-6096 being driven by Prabhu Dayal. The claimants claimed, that on account of rash and negligent driving the accident had occurred and as a result thereof Mahavir Singh Yadav had died. The learned Tribunal on the basis of the evidence available on the record found that the Bus in question was being driven rashly and negligently by Prabhu Dayal, the driver of the bus.

(3.) Consequently, the claimants were held entitled to compensation. It was also held that at the time of his death, Mahavir Singh Yadav was aged 46 years and was working as a Lecturer. His carry home salary at that point of time was Rs.7974/- per month. In these circumstances, his annual dependency was assessed at Rs.59636/- and a multiplier of 12 was applied. Consequently, the amount of compensation was assessed as Rs.6,99,000/- along with interest payable at the rate of 12%. The aforesaid compensation included the amount of Rs.5,000/- for loss of estate and consortium.