RAMPAL AND ANOTHER Vs. AMBUJ BAJAJ AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimants seeking enhancement of the compensation awarded to them by the learned Motor Accident Claims Tribunal, Sonepat ('Tribunal' for short) vide award dated 19.12.2014 on account of death of their son Raj Kumar in a motor vehicle accident on 15.10.2013.

(2.) The claimants, who are the parents of the deceased, filed a petition under Section 166 of the Motor Vehicles Act seeking compensation on account of death of their son Raj Kumar due to injuries received in a motor vehicle accident which took place on 15.10.2013. FIR No.302 dated 15.10.2013 was registered under Sections 279 and 304-A IPC at Police Station Kundli against respondent No.1. It was pleaded that the deceased at the time of his death was an agriculturist, besides running a dairy farm. His total monthly income was stated to be Rs.18,000/-. He was 25 years old at the time of accident. Compensation was thus prayed for.

(3.) The learned Tribunal on consideration of the facts and evidence on record held that the accident in question took place due to the rash and negligent driving of offending vehicle by its driver. There is no dispute regarding the above said finding of the learned Tribunal on this issue, which has attained finality. Learned Tribunal further assessed the age of the deceased as 25 years at the time of his death and income of the deceased was assessed as Rs.6000/- per month. Deduction of 50% was effected towards the personal expenses as he was a bachelor. After applying a multiplier of 14, total dependency was assessed at Rs.5,04,000/-. Another sum of Rs.25000/- was awarded towards funeral expenses. Thus, appellant No.2 was held entitled for total compensation of Rs.5,29,000/- along with interest @ 7.5% per annum from the date of filing of claim petition till realisation. Claim of appellant No.1 was declined.