LAWS(P&H)-2018-3-290

BABALI AND ORS Vs. SADDIK AND OTHERS

Decided On March 21, 2018
Babali And Ors Appellant
V/S
Saddik And Others Respondents

JUDGEMENT

(1.) The present appeal has been preferred by the claimantsappellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Panipat (for short, 'the Tribunal') to the tune of Rs.13,84,800/- vide impugned award dated 22.12.2016.

(2.) The facts which are not in dispute are that on 20.06.2015, the deceased was on way to Delhi while driving canter No. HR-69-A-3538 and when he reached near G.T. Road, Kundli, in the meantime, a canter bearing registration No. HR-60-C-0503 came from behind and while overtaking had struck its backside against the front side of the deceased vehicle. The canter of the deceased turned turtle and he died at the spot. F.I.R was also registered in this regard.

(3.) As per the Tribunal, the deceased-Ram Mehar in the present case was 30 years old at the time of the accident. The Tribunal took the income of the deceased at Rs.6200/- per month and added 50% as future prospects. 1/3 rd was deducted towards personal expenses and thereafter, applied the multiplier of 17, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77. The claimants were awarded Rs.1,00,000/- towards loss of consortium, Rs. 5000/- towards loss of estate and Rs.10000 towards funeral expenses and Rs. 5000/- towards litigation expeses. The total compensation awarded to the claimant was Rs.13,84,800/-.