KEWAL Vs. TILAK RAJ

JUDGEMENT

(1.) IN the present appeal, award dated 17. 6. 2004 passed by Motor accidents Claims Tribunal-II, Kangra at dharamshala in M. A. C. Petition No. 71-K of 2000 titled as Tilak Raj v. Kewal has been assailed.

(2.) PHULAN Devi died on 12. 3. 2003 as a result of an accident of vehicle No. HP 04-0419 which took place on 11. 3. 2000 near Kangra, H. P. Her son and five daughters filed a claim petition under section 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') claiming a sum of Rs. 4,50,000 as compensation. On the pleadings of the parties the court framed the following issues:

(3.) BASED on the evidence, the Tribunal decided issue No. 1 in favour of the plaintiff holding that respondent No. 1, as owner was driving the vehicle in a rash and negligent manner and the deceased sustained injuries in the accident and died as a result thereof. The age of the deceased was determined to be 55 years. She was found to be a housewife and as such her contribution to the family, as service was quantified to be Rs. 1,000 per month. Keeping in view the dependency of Tilak Raj, claimant No. 1 and other circumstances, the court below applied the multiplier of 9 to determine the compensation payable to the claimants. Accordingly, relying upon the judgment rendered by the Apex Court in State of haryana v. Jasbir Kaur, 2003 ACJ 1800 (SC), the claimants were awarded compensation as under: loss of services rendered by the deceased Rs. 1,08,000 compensation on account of love, affection and consortium rs. 2,000x6 Rs. 12,000 conventional charges Rs. 2,000 total Rs. 1,22,000