MADHU JOSHI Vs. RAJESH KUMAR

JUDGEMENT

(1.) The appellants have preferred the present appeal against the award dtd. 22/4/2015 passed by MACT, Una, District Una, Himachal Pradesh in M.A.C.P No.18 of 2013 titled Madhu Joshi and another vs. Rajesh Kumar alias Sonu and others, whereby the claim petition preferred by them has been allowed, thereby awarding a sum of Rs.3,42,750.00 in their favour as compensation along with interest at the rate of 7.5% per annum from the date of filing the petition till realization of the payment. The appellants are seeking enhancement of the compensation amount awarded to them.

(2.) Shorn of unnecessary details, the appellants who are the unfortunate parents of deceased Prabhat Joshi had preferred the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.10.00 Lakhs for untimely death of their son. The deceased had died in a motor vehicular accident, which took place on 16/4/2013 at Rakkar Colony near Cheverlot Showroom in District Una, H.P. involving Tipper Truck No.HR-64-6574.

(3.) The appellants have challenged the award on the grounds that the income of the deceased has wrongly been taken as Rs.3,000.00 per month, whereas it should have been taken on a higher side in view of the principles enunciated in Kishan Gopal and another. vs. Lala and Ors. (2014) 1 SCC 244. Further, the Tribunal below has erred while deducting 25% on account of contributory negligence holding that the deceased at the time of accident was not holding a driving license. The Tribunal has also erred while awarding interest @ 7.5% per annum on the compensation amount which is on the lower side, however, the same should have been awarded @ 9% per annum.