DHANATAR SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) The Motor Accident Claims Tribunal, Kathua, awarded Rs.14,11,000.00 and interest at the rate of 6% per annum in favour of the petitioners from the date of filing of the petition till the amount is realized. The petitioners are aggrieved of the amount of compensation that has been awarded by the Tribunal and impugned the same on the ground that the tribunal has not awarded the amount of compensation keeping in view the salary which the deceased was to receive on the completion of his training, that the multiplier has not been rightly applied and that compensation has not been awarded under other heads as required.

(2.) The victim-Vivek died as a result of accident which took place on 9/8/2009 near Kamal Rice Mill at Jammu-Pathankot National Highway and the accident was due to rash and negligent act of the driver of offending vehicle is not in dispute and need not detain the court on this aspect of the matter as no appeal has been preferred by the driver, owner or even the insurance company which has been held liable to pay compensation to the petitioners by the Tribunal.

(3.) The court is only required to determine the just compensation to which the petitioners are entitled to. The argument raised on behalf of the petitioners is that the deceased was undergoing training of the Lieutenant in Army Military Academy, Dehradun, Uttrakhand, and was receiving Rs.21,000.00 per month as stipend and as he was to receive Rs.42,000.00 per month as salary on completion of the training the same was also required to be taken into consideration by the Tribunal but failed to do so.