PREM NARAIN Vs. VIKRAM SINGH

JUDGEMENT

(1.) This is an appeal that has been filed seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rewari, on account of the death of Rajesh Kaushik in a road accident.

(2.) In brief, the facts are that on 29.10.2010, Rajesh Kaushik was going towards the petrol pump on Mohindergarh Road on his motorcycle bearing registration No. HR-36-H-2116 and when he reached near the culvert on Rewari-Mohindergarh road, he was hit by a Scorpio Jeep bearing registration No. HR-36-H/3339, being driven by respondent No.1 in rash and negligent manner. The impact of the accident was such that Rajesh Kaushik died at the spot. It was alleged that the accident took place due to the rash and negligent driving of respondent No.1 and consequently FIR No. 193 dated 29.10.2010 under Sections 279, 304-A IPC came to be lodged with the Police Station Sadar, Rampura, District Rewari. With these averments, a claim petition was filed by the claimants/appellants and respondent No.4 claiming that they were fully dependent on the deceased for their maintenance and livelihood. It was claimed that the deceased was working with Nerolac Paints, Bawal and was earning Rs.21,796/- per month.

(3.) The Tribunal, after considering the oral as well as the documentary evidence led before it, held that the accident was the result of rash and negligent driving of respondent No.1 and thereafter proceeded to assess the compensation payable to the claimants. In order to prove the income of the deceased, the claimants examined Ashwani, Officer HR, Nerolac Paints, as PW2, who stated that Rajesh Kaushik was working with Nerolac Paints, Bawal from 1.12.2006 till 29.10.2010 and produced salary certificate Ex. P.2, which would reflect that the deceased was drawing gross salary of Rs.21,796/- per month, which included Rs.1800/- as conveyance allowance and Rs.1300/- as Bonus/Ex-gratia. The Tribunal deducted the conveyance allowance and bonus, amounting to Rs.3100/- and thus assessed monthly income of the deceased at Rs.18,696/-. The Tribunal deducted 1/3rd of the income towards personal and living expenses of the deceased and keeping in view the fact that the deceased was 26 years of age, applied multiplier of 16. Apart from that, the Tribunal awarded Rs.5,000/- towards loss of consortium and an amount of Rs.2,000/- on account of last rites and thus assessed a total sum of Rs.24,000,88/- payable as compensation to the claimants. Not satisfied with the quantum of compensation, the appellants have filed the instant appeal.