SORAN RAM Vs. PRITAM SINGH

JUDGEMENT

(1.) This order will dispose of F.A.O. No. 1318 and 1319 of 1993 as these appeals arise out of the same accident.

(2.) In a motor vehicle accident, which took place on 27.1.1990, between a car and truck, Soran Ram and Vineet Kumar, his son, occupants of the car sustained multiple injuries. However, Vineet Kumar died due to injuries sustained by him in the accident. Two claim petitions under Section 166 of the Motor Vehicles Act were filed. One by father, mother and the two minor sisters claiming compensation for the death of Vineet Kumar and the other by Soran Ram, claiming compensation for the injuries sustained by him in the accident. Learned Motor Accidents Claims Tribunal, Karnal, disposed of the two claim petitions by a single order dated 31.3.1993. Learned Tribunal on a consideration of the matter and after appreciating the evidence led by the parties awarded a sum of Rs. 96,000/- as compensation for the death of Vineet Kumar and another sum of Rs. 3,19,000/- on account of compensation for the injuries suffered by Soran Ram and also awarded another sum of Rs. 45,000/- as compensation on account of damage to the car. Dissatisfied with the quantum of compensation the claimants have filed these two appeals seeking enhancement of compensation.

(3.) Learned counsel for the appellant submitted that the compensation awarded for the death of Vineet Kumar is on the lower side. On a consideration of the matter I find that the contention has no merit. Learned Tribunal came to the conclusion that Vineet Kumar, who was aged 20 years at the time of accident and was a T.V. and Radio mechanic and thus, he might have been earning a sum of Rs. 1,500/- p.m. but having regard to the fact that in the claim petition the income of Vineet Kumar was stated to be only Rs. 1,000/- P.M. took the income of the deceased at Rs. 1,000/- P.M. and after applying a cut of 50% for his personal expenditure assessed the dependency of the appellants on Vineet Kumar at Rs. 500/- per month. On a consideration of the matter I see no reason to interfere with this finding as compensation awarded on account of the death of Vineet Kumar is quite just and fair.