BHOOP SINGH Vs. RADHEY SHYAM AND ANOTHER

JUDGEMENT

(1.) Appellant-Bhoop Singh has filed the present appeal seeking enhancement of compensation over and above the amount awarded by learned Motor Accident Claims Tribunal, Narnaul, (for short "the Tribunal") vide award dated 08.04.2013.

(2.) As per the claim-petition on 23.12.2010, Manbhawati along with her son Ram Bhagat was going on a motorcycle from Narnaul to their village Sihma. Rambhagat was driving the motorcycle at a moderate speed. When they reached within the area of Rewari road, in the meantime, the offending vehicle bearing registration No.HR-66-3899 being driven by its driver in a rash and negligent manner, at a very high speed, came from the opposite side and hit the motorcycle of Rambhagat. As a result of this accident, Rambhagat and his mother fell down from the motorcycle and both sustained serious and grievous injuries. Budh Ram along with Devender were also coming on their separate motorcycle to village Sihma, who stopped on seeing a crowd near the pool and came to know that a boy of their own village had met with an accident. Manbhawati became unconscious whereas Rambhagat was in a conscious state. They asked from Rambhagat about the accident. Thereafter, Budh Ram informed the family members of Rambhagat about the accident. Manbhawati and Rambhagat were rushed to Civil Hospital, Narnaul, where the doctor declared Manbhawati dead.

(3.) In a claim-petition filed by the appellant under Section 166 of the Motor Vehicles Act, 1988, on account of death of Manbhawati, in the accident, which took place on 23.12.2010, the Tribunal awarded a total compensation of Rs. 3,88,000/- Considering the contribution of the deceased and her services towards the family in household activities and agriculture work, the Tribunal has assessed the income of the deceased as Rs. 5,500/- per month and by making 50% deductions has assessed the dependency of Rs. 2,750/- per month. The annual dependency was accordingly assessed as Rs. 33,000/-. The deceased being 55 years of age, the Tribunal applied multiplier 11 and an amount of Rs. 3,63,000/- was awarded to the claimant. Apart from the above, an amount of Rs. 25,000/- was also awarded on account of transportation, last rites, loss of estate and loss of consortium. Thus, the Tribunal awarded a total compensation of Rs. 3,88,000/- to the claimant for the death of Manbhawati, who had died in the accident.