KAMLESH AND ORS. Vs. RAM DAYAL AND ORS.

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of compensation.

(2.) In so far as Issue No.1 was concerned, findings were recorded in favour of the claimants and it was held that the accident in question took place on account of the rash and negligent driving by driver of the offending vehicle and which resulted in injuries to Bharat and to which he succumbed.

(3.) In so far as quantum of compensation is concerned, the Tribunal has assessed the monthly income of the deceased to be Rs.11,000.00 and an increase in income of 50% towards future prospects has been awarded. Keeping in view the fact that deceased was unmarried, 50% deduction of income towards personal and living expenses, has been made. Age of the deceased was held to be 27 years and a multiplier of 17 was applied. Rs.25,000.00 has been awarded towards funeral expenses. The total amount of compensation computed is Rs.17,08,000.00. The parents of the deceased were taken to be the claimants as claimant no.3 being the major sister of the deceased was held to be dependent upon her father and not on the deceased. Liability of the compensation amount was fastened jointly and severally upon the driver, owner and the Insurance Company.