MANMATI AND ANOTHER Vs. BACCHA YADAV AND OTHERS

JUDGEMENT

(1.) As per office report dated 07.02.2017, learned counsel for the appellants has not taken any step for effecting service on respondent No.1. Learned counsel for the appellant states that respondent No.1 is not necessary party, therefore, his service be dispensed with. Ordered accordingly.

(2.) Prayer is for enhancement of compensation of Rs. 7,01,000/- awarded on the death of 58 years old Shri Ramdev Shastri in an accident on 19.09.2011. Learned Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as the 'Tribunal') on the basis of ITR reflecting annual income of Rs. 1,05,000/- took the monthly income of the deceased as Rs. 9000/- and after deducting 1/3rd of the monthly income of the deceased on account of personal expenses assessed dependency at Rs. 6000/- per month. Accordingly, dependency was worked out as Rs. 6000 x 12 x 8 = Rs. 5,76,000/-, and in addition thereto, Rs. 1,00,000/- was awarded on account of loss of consortium and Rs. 25,000/- towards funeral expenses. In all a sum of Rs. 7,01,000/- was awarded along with interest of 7.5% per annum from the date of institution of the claim petition till date of payment.

(3.) Learned counsel for the appellants contends that in the proceedings before the learned Lok Adalat a statement had been made that if a sum of Rs. 1,00,000/- was paid over and above the amount already awarded by the Tribunal, the same would be accepted by the appellant in full and final settlement of the claim in the present appeal and the appellant's would also give up their claim qua interest on the enhanced amount. However, the aforesaid proposal did not mature, as a result of which the matter has come up before the Court.