SANTOSH Vs. NARINDER KUMAR

JUDGEMENT

(1.) The present appeal has been filed against award dated 26.03.2012 passed by the Motor Accident Claims Tribunal, Karnal (for brevity 'the Tribunal'). The appeal is accompanied by an application for condonation of delay of 316 days.

(2.) The appellants in the appeal are widow, three minor children and mother of Om Parkash (deceased). The driver of Maruti Car bearing registration No. AP28-AM-0574 (hereinafter referred to as 'offending vehicle'), owner of offending vehicle and insurer of offending vehicle i.e. National Insurance Company Limited have been arrayed as respondents No.1 to 3 respectively in the appeal.

(3.) A motor vehicular accident took place on 10.01.2011. Om Parkash was riding his motorcycle bearing registration No. HR-05V- 1434. On his way, a rashly and negligently driven offending vehicle hit his motorcycle. As a result of the accident, he suffered grievous injuries and died at the spot. FIR No.27, dated 11.01.2011 was registered at Police Station City Karnal. The legal heirs of the deceased filed claim petition under section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act'). The Tribunal after considering the facts and appreciating the evidence adduced, assessed the monthly earning of the deceased as Rs. 4,214/-. 1/4th deduction for self expenses was made and multiplier of 14 was applied. The Tribunal awarded compensation of Rs. 5,46,048.00alongwith interest @ 7.5% per annum. The amount awarded included Rs. 5,000.00 for last rites and Rs. 10,000.00 for loss of consortium.