RICHHPAL AND OTHERS Vs. MAIN PAL AND OTHERS

JUDGEMENT

(1.) C.M. No. 31316-CII-2012

(2.) The facts which are not in dispute are that on 27.08.2010, deceased Sharwan Kumar along with Sushil Kumar was going Dhab Mandir on a motorcycle bearing registration No. HR-20S-7846, which was being driven by Sushil Kumar and Sharwan Kumar was pillion rider. When they reached near stadium village Adampur, the offending motorcycle bearing registration No. HR-20S-2441 being driven by respondent No. 1 came in a rash and negligent manner from the opposite side and struck into the motorcycle of Sharwan Kumar. Sharwan Kumar and Sushil Kumar both fell on the road. Sharwan Kumar received serious and grievous injuries and was shifted to General Hospital Adampur, from where he was referred to General Hospital, Hissar where he expired. F.I.R No. 241 dated 28.08.2010 under Sections 279/337/304A IPC was also registered in this regard against respondent No. 1.

(3.) As per the Tribunal, the deceased-Sharwan Kumar in the present case was 22 years old at the time of the accident. The Tribunal took the income of the deceased at Rs.4000/- per month and 1/2 was deducted towards personal expenses and thereafter, applied the multiplier of 09 taking the age of parents, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 3 RCR(Civ) 77. The claimants were awarded Rs.5000/- for the last rites and transportation, Rs.5,000/- towards loss of estate and Rs.40,000/- towards loss of love and affection. The total compensation awarded comes to Rs.2,66,000/- but the tribunal awarded half of the amount of the awarded compensation by holding that this is a case of contributory negligence.