DURGI DEVI Vs. NANK CHAND

JUDGEMENT

(1.) Present appeal, under Section 173 of Motor Vehicles Act, has been filed by the claimants/dependents of deceased Perma Nand, for enhancement of compensation. Deceased Parma Nand was on board Truck No. HP-39-7768, in the capacity of owner of the goods, on 7th October, 2002, when the said truck met with an accident, in which Parma Nand died.

(2.) Appellants filed a petition, under Section 166 of the Motor Vehicles Act, to claim compensation. Accident was alleged to have taken place, due to rash or negligent driving of the truck. Age of the deceased was stated to be 56 years. His income was stated to be around Rs. 25,000/-per month. Petition was contested by the owner of the truck as also the insurer, i.e. New India Assurance Company, impleaded as one of the respondents in the present appeal.

(3.) Learned Motor Accident Claims Tribunal concluded that cause of the accident was rash or negligent driving of the truck, age of the deceased was 60 years and his monthly income was Rs. 6,500/-. Loss of dependency was assessed at 2/3rd of the total income of the deceased, which worked out at Rs. 52,000/- per annum. Multiplier of five years purchase was applied and a sum of Rs. 2,60,000/-was held to be payable to the claimants, on account of loss of dependency and another sum of Rs. 10,000/- was held to be payable to the claimants, on account of conventional damages. Total sum of Rs. 2,70,000/- was awarded as compensation, with interest from the date of the petition.