SHEELA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The award dtd. 10/4/2015 passed by Motor Accident Claims Tribunal, Jind (hereinafter referred to as 'the Tribunal') has been assailed by the legal representatives of deceased Rajiv Dahiya. The grievance raised in the appeal is two folds; firstly, that the Tribunal had wrongly held that negligence of the deceased contributed in causing accident and secondly, against the quantum of compensation.

(2.) The facts emanating from the record are that on 3/10/2013 Rajiv alongwith Jasmeet Kaur was travelling in a Maruti 800 car whose registration number was applied for. He was being followed by Sanjiv and Manoj in a separate car. When they reached near village Shekhpura near Hansi, the car driven by Rajiv was hit by a tractor-trolley bearing registration No. HR-16-L-8305 (hereinafter referred to as 'offending vehicle'). As a result of the impact, Rajiv sustained injuries, he was taken to General Hospital, Hansi. He succumbed to the injuries by the time he reached hospital. FIR No. 395 dtd. 4/10/2013 was registered at Police Station Sadar, Hansi.

(3.) In the claim petition, it was pleaded that deceased was 36 years of age and was a Lecturer in Yashvir Memorial Technical Institute, Bhambhewa (Jind) and was drawing salary of Rs.16,500.00per month. The experience certificate Ex.P-10 was produced. In the experience certificate, it was mentioned that Rajiv Dahiya was working as a Lecturer of English in the Institute from 22/7/2013 till his death and was drawing a salary of Rs.16,500.00per month. The Tribunal opined that from the documents produced, it is not forthcoming that deceased was employed at the time of accident. His income was assessed as Rs.10,000.00per month, 1/3rd deduction for self expenses was made and multiplier of 15 was applied. A sum of Rs.13,25,000.00was awarded as compensation along with interest @ 7.5% per annum. It includes Rs.5000.00towards loss of estate, Rs.1.00 lakhs for loss of consortium and Rs.20,000.00for funeral expenses.