ANITA Vs. RAMESH CHAND YADAV

JUDGEMENT

(1.) This judgment shall dispose of FAO No. 2696 of 2005 (Anita and others versus Ramesh Chand Yadav and others) and FAO No. 2697 of 2005 (Meena Kumari and others versus Ramesh Chand Yadav and others) which arise out of award dated 18.11.2003 passed by the learned Motor Accident Claims Tribunal, Gurgaon (hereinafter referred to as the 'Tribunal').

(2.) Brief facts necessary for adjudication of the case are that the Kanwar Chand alongwith Bal Kishan (both deceased) after unloading the truck bearing registration No. HR-29C-7737 was going to Alipur on 28.02.2000. Kanwar Chand was driving the truck. When their truck reached near Sandeep Farm House in the village Bhondsi, the offending vehicle i.e. a half body Truck bearing registration No. HR-29G-1314 came from opposite side being driven in a rash and negligent manner and struck against the truck driven by Kanwar Chand. As a result thereof, Kanwar Chand and Bal Kishan suffered grievous injuries. Both Kanwar Chand and Bal Kishan succumbed to their injuries. The deceased Bal Kishan, aged 25 years at the time of the accident was stated to be earning a sum of Rs.9000/- per month while working as a Mason. The deceased Kanwar Chand, aged 33 years at the time of the accident was stated to be earning a sum of Rs.9500/- per month i.e. Rs.4500/- per month while working as a driver and Rs.4000/- per month by selling milk.

(3.) Learned Tribunal while assessing the income of the deceased Kanwar Chand (in MACT No. 133 of 06.06.2003, subject matter of FAO No. 2697 of 2005) to be Rs.2400/- per month awarded a sum of Rs.3,36,400/- with interest at the rate of 9% per annum from the date of filing of the claim petition till date of actual realisation of the award. Deduction of 1/3rd was effected. Multiplier of 17 was applied. Additionally, a sum of Rs.5,000/- on account of loss of consortium was awarded and a sum of Rs.5,000/- on account of transportation and funeral expenses.