RISHI RAM Vs. STATE

JUDGEMENT

(1.) On 4th December, 2000, a police bus bearing No. JK02J-0667 carrying police personnel from Srinagar to Jammu, due to rash and negligent driving of its driver-Constable, Prem Singh, met with an accident at Anokhi Fall Battery Chasma, Ramban. The accident led to death of a number of police personnel including Constables ? Pradeep Kumar Koul, Ramesh Kumar Bhat, Ramesh Kumar Saproo, Sanjay Kumar Bhat and Kamalji Raina ? all bachelors in the age group of 22 ? 28 years- The dependants of aforementioned deceased police personnel filed claim petitions in Motor Accident Claims Tribunal, Jammu registered as Claim Petitions 568, 569, 570, 571 and 573. The dependants claimed an amount of Rs. 20,24,328/-, Rs. 20,49,988/-, Rs. 22,49,968/-, Rs. 22,65,140. and Rs. 20,45,056/- on account of loss of dependency, damages in lieu of infringement of right to life, damages in lieu of pain, suffering and mental agony of the dependants, funeral expenses and miscellaneous expenses respectively.

(2.) The Tribunal vide award dated 30th April, 2008 disposed of all five claim petitions and as against the claimed amounts, awarded amount of Rs. 2,42,900/-, Rs. 2,37,224/- Rs. 2,37,224/-, Rs. 2,32,208/-, and Rs. 2,42,900/- to the claimants respectively.

(3.) The claimants are aggrieved of quantum of compensation awarded by the Tribunal on the grounds that the Tribunal has erroneously deducted 2/3rd of the income of the deceased on account of personal expenditure and taken into consideration only l/3rd income of the deceased to work out the compensation payable to the claimants. The Tribunal is said to have wrongly applied the multiplier of 11, while assessing the compensation taken into consideration the age of dependants/claimants and ignoring age of the deceased. The Appellants also find fault with the award impugned in the appeal on the grounds that the Tribunal has not awarded compensation on account of loss of love and affection, loss of estate and awarded meagre amount of Rs. 2000/- on account of funeral expenses. The Appellants are also aggrieved that the Tribunal failed to take into account future prospects of the deceased like periodic, rise in pay, while computing compensation payable to the Appellants. The Appellants pray that award amount be raised to Rs. 13,13,784/-, Rs. 12,97,056/-, Rs. 13,39,824/-, Rs. 13,23,408/-, Rs. 13,57,536/- with interest @ 12% from the date of accident till payment of the award amount.