LAWS(P&H)-2018-7-155

GUDDI AND OTHERS Vs. RAJBIR SINGH AND OTHERS

Decided On July 03, 2018
Guddi And Others Appellant
V/S
Rajbir Singh and Others Respondents

JUDGEMENT

(1.) Present appeal has been filed by the claimants for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Jind (hereinafter referred to as the 'Tribunal') on account of death of Balbir Singh vide award dated 07.09.2013.

(2.) Brief facts necessary for adjudication of the case are that the applicant-claimants i.e. widow and four minor children of the deceased Balbir Singh filed a petition under Section 166 of the Motor Vehicles Act seeking compensation on account of death of Balbir Singh on 13.12.2012 in a motor vehicle accident caused due to rash and negligent driving of the offending vehicle i.e. Tata-407 bearing registration No. HR-56-2395 driven by respondent No.1. FIR No. 303 dated 14.12.2012 (Ex. P2) under Sections 279, 337 and 304-A IPC was registered at Police Station Sadar Jind, District Jind in respect to the accident. The deceased, aged 30 years at the time of the accident was stated to be working with M/s Choudhry Tyre Agency, Chandigarh besides being engaged in agricultural work. The deceased was averred to be getting a sum of Rs. 15,000/- per month.

(3.) Learned Tribunal on consideration of facts and evidence on record awarded a sum of Rs. 8,66,000/- alongwith the interest at the rate of 9% per annum. Income of the deceased was assessed as Rs. 6,000/- per month. Deduction of 1/3th was effected, keeping in view the number of dependants. Multiplier of 17 was applied. A sum of Rs. 20,000/- was awarded on account of loss of consortium and loss of love and affection, Rs. 5,000/- for loss of estate and a sum of Rs. 25,000/- on account of funeral expenses.