REKHA DEVI Vs. SHRIDHAR N. MUKRI

JUDGEMENT

(1.) The award dated 19.1.2017 passed by the Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal') has been assailed by the legal representatives of Subhash Chander seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The appellants are the widow, two minor children and mother of Subhash Chander. The driver of Tata Sumo bearing registration No. KA-30-M-3214 (hereinafter described as 'offending vehicle'), owner and insurer (i.e. United India Insurance company Limited) of the offending vehicle have been arrayed as respondents No. 1 to 3 respectively.

(2.) The facts emanating from the record are that on 20.2.2015, Subhash Chander was going on a motorcycle bearing registration No. 1 of 12 FAO No. 4341 of 2018 [2] HR-31F/4328. The motorcycle was being driven by Sudhir. On the way, the motorcycle was struck by the offending vehicle. As a result of the impact, the riders of the motorcycle fell down and sustained injuries. Subhash Chander succumbed to the injuries.

(3.) In the claim petition, the claimants proved that the deceased was a Petty Officer in Indian Navy and was getting salary of Rs. 35,354/- per month. The annual gross salary was Rs. 4,36,248/-. Rs. 7,304/- was deducted towards income tax and 50% future prospects were awarded. The Tribunal relying upon Ex. P21 deducted Rs. 9,666/- per month taking it to be the financial assistance received from the Naval Department. Reliance was placed upon the decision of the Supreme Court in Reliance General Insurance Co. Ltd. v. Shashi Sharma, 2016(4) RCR (Civil) 569. The annual salary of the deceased after deduction of income tax and application of multiplier was Rs. 6,43,416/-. Rs. 1,15,992/- was deducted for ex-gratia payment and compensation was calculated by taking income of Rs. 5,27,424/- per annum, 1/4th deduction for self expenses was made as the deceased was survived by four dependents. The age of the deceased was 39 years at the time of accident and thus multiplier of 15 was applied. The Tribunal awarded a sum of Rs. 61,53,722/- alongwith interest @ 9% per annum. The amount awarded included Rs. 1,00,000/- each for loss of consortium and for loss of love and affection. Rs. 20,000/- was awarded for funeral expenses.