KISHNI Vs. RAJBIR SINGH

JUDGEMENT

(1.) The award dtd. 8/5/2014 passed by Motor Accident Claims Tribunal, Panipat (hereinafter referred to as 'the Tribunal') has been assailed by the legal representatives of Rajesh (deceased) seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) The factum of accident is not disputed by the parties. The motor vehicular accident took place on 30/12/2011. The accident was result of rash and negligent driving of tralla bearing registration No. HR-63-B-0042 (hereinafter referred to as 'offending vehicle'). The accident proved fatal for Rajesh, who was driving truck bearing registration No. HR-55-C-1983. FIR bearing No. 1168 dtd. 30/12/2011 was registered at Police Station Vrindavan, Mathura. The Tribunal held the owner, driver and insurer jointly and severally liable to pay compensation.

(3.) In the claim proceedings it is pleaded that the deceased was 35 years of age, working as a driver and earning Rs.10,000.00per month, the claimants failed to prove the earning of the deceased. The Tribunal assessed the monthly income of the deceased as Rs.4,500.00, 1/4th deduction was made and multiplier of 16 was applied. The claimants were held entitled for a compensation of Rs.6,88,000.00alongwith interest @ 7.5% per annum, which includes Rs.20,000.00for love and affection, Rs.10,000.00 for transportation and Rs.10,000.00for funeral expenses under the conventional heads.