DEVENDER SINGH AND OTHERS Vs. BIRESH AND OTHERS

JUDGEMENT

(1.) Present appeal has been filed by the claimants for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the 'Tribunal') on account of death of Sandeep vide award dated 25.11.2013.

(2.) Brief facts necessary for adjudication of the case are that the claimants i.e. father, widow and daughter of the deceased filed a petition under Section 166/140 of the Motor Vehicles Act seeking compensation on account of death of Sandeep on 24.04.2011 in a motor vehicle accident caused due to driving of the offending vehicle Truck bearing registration No. HR-67-A-1826 by respondent No.1 in a rash and negligent manner. It was averred that Sandeep alongwith respondent No. 1 was coming in Truck bearing registration No. HR-67-A-1826 from Yamuna Nagar side. The truck was being driven by respondent No. 1 at a very high speed in a rash and negligent manner. When they reached near Chopal of Prajapat in the area of village Kalsora, because of rash and negligent driving of respondent No. 1, he could not control the vehicle and same turned turtle in Johar of village. The accident took place due to sheer rash and negligent driving of the driver of the offending truck. Sandeep sustained injuries and succumbed to them at the spot.

(3.) Learned Tribunal on consideration of the facts and evidence on record held that the accident in question took place on 24.04.2011 due to rash and negligent driving of the offending Truck bearing registration No. HR-67-A-1826 by respondent No. 1. Learned Tribunal awarded a sum of Rs.9,44,928/- with interest at the rate of 9% per annum from the date of filing of the claim petition till date of actual realisation of the award. Income of the deceased was assessed as Rs.5,000/- per month. Deduction of 1/3rd was effected, keeping in view the number of dependants. Multiplier of 18 was applied as the deceased was 25 years old at that time. Additionally, a sum of Rs.1,00,000/- on account of loss of consortium was awarded and a sum of Rs.1,00,000/- on account of loss of care and guidance besides a sum of Rs.25,000/- on account of funeral expenses.