REENA Vs. MANOJ KUMAR

JUDGEMENT

(1.) The award dtd. 2/4/2013 passed by Motor Accident Claims Tribunal, Rohtak, has been assailed by filing two appeals. One appeal is by by the insurer of Truck bearing registration No.HR-56-A-0269 (for short 'the offending vehicle') and another by legal heirs of Jai Pal Singh. The issue in both the appeals is regarding quantum of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act'). As common issue is involved, both the appeals are disposed of by a common order.

(2.) The facts with regard to accident are not in dispute between the parties. A motor vehicular accident took place on 9/11/2011. The accident proved fatal for Jai Pal, aged 29 years. The accident was caused due to the rash and negligent driving of the offending vehicle.

(3.) In the claim petition filed before the Tribunal, it was proved that the deceased was working as a Haryana Government employee with State Excise Department. His salary was proved as Rs.2,63,520.00 per annum. The Tribunal deducted 30% by way of income-tax, 50% future prospects were awarded, 1/3rd deduction for self-expenses was made and multiplier of 17 was applied. The Tribunal awarded a sum of Rs.31,50,888.00 along with interest at the rate of 7.5% per annum. The amount awarded included Rs.15,000.00 towards funeral expenses and Rs.25,000.00 for loss of consortium.