BRIJESH Vs. AMIT

JUDGEMENT

(1.) The present appeal has been filed by the appellants for modification of award dated 29.01.2016 passed by Motor Accident Claims Tribunal, Gurgaon (here-in-after called as 'the Tribunal') on the ground that the amount awarded by the Tribunal is inadequate and insufficient and the same is liable to be enhanced.

(2.) Briefly, the facts of the case, as made out in the claim petition, are that on 06.01.2014, Sandeep, Deepak (deceased) and Rajbir were coming to Gurgaon from their Village Shikarur, Delhi in a Santro Car bearing registration No.HR-26-BX-0877. Deepak was driving the car and they were going from Village Dharampur to Mohammadheri. When they reached near Ganda Nala, then a tractor bearing registration No.HR-13F- 4845 (here-in-after called as 'the offending vehicle'), which was being driven in a rash and negligent manner, came from Village Mohammadheri and struck against car after coming on wrong side of road. Deepak and Rajbir were taken to Chetanaya Hospital, Rajendra Park, Gurgaon, where Deepak died. It was mentioned in the claim petition that the accident occurred due to rash and negligent driving of the offending vehicle. FIR relating to that accident was registered on the basis of statement of Sandeep. The claim petition was contested by owner, driver and Insurance Company by filing their written statements. The claim petition filed by the claimants-widow, minor son, mother and father of the deceased was allowed by the Tribunal vide award dated 29.01.2016. Total compensation to the tune of Rs. 14,40,000.00 was awarded to the claimants against different heads i.e compensation + funeral expenses + loss of consortium + love and affection + medical expenses.

(3.) Learned counsel for the appellants submits that the award passed by the Tribunal is not adequate as meagre income of Rs. 5000.00 has been assessed, whereas, it was Rs. 9,350.00 which was proved by Exhibit P-9. Learned counsel also submits that the amount of compensation under the heads of loss of estate and non-pecuniary damages as per settled principles of law in various judgments has not been awarded. The Tribunal has deducted 1/4th amount out of monthly income towards personal and living expenses of deceased while determining total annual income, whereas, the minimum deduction could have been made. Moreover, nothing has been paid towards pain and suffering, transportation, attendant charges etc. At the end, learned counsel for the appellant submits that the award passed by the Tribunal is without any application of judicious mind and the amount is liable to be enhanced.