SUREKHA SHARMA Vs. JAYPAL SINGH SHEKHAWAT

JUDGEMENT

(1.) The appellants are not satisfied with the quantum of compensation decided by the Motor Vehicle Accident Claim Tribunal No.2, Jaipur Metropolitan by award dtd. 4/7/2017 passed in MAC Case No.655/2015. The learned Tribunal has awarded Rs.4,43,000.00 against the claim of Rs.62,00,000.00.

(2.) The appellants are parents of Sarthak Sharma, aged about sixteen years, who was a student of Class-XI at the time of accident. On 8/5/2015, Sarthak was going on a Motorcycle bearing registration No.RJ-14-BN-1949 along with his father. Near Suman Nursery, a Tractor bearing registration No.RJ-14-RA-3932 dashed against the motorcycle due to rash and negligent driving of the Tractor, as a result whereof, Sarthak fell on the road and thereafter crushed under the wheels of the Tractor. The Tractor was owned by respondent No.2 and was insured with respondent No.3-United India Insurance Company Ltd. The factum of motor vehicle accident and insurance of the tractor with respondent No.3 are well proved by the evidences on the record and are not under challenge in this appeal.

(3.) The learned Tribunal took Rs.3,000.00 per month as notional income of the deceased and 50% of the same was added for loss of future expectancy. Out of total Rs.4,500.00, 50% was deducted for personal expenses of the deceased. Taking multiplicand as Rs.2,250.00, the same was multiplied with 12 months for getting yearly multiplicand and multiplier of 14 was applied considering the age of the claimants. The learned Tribunal further awarded Rs.25,000.00 to each of the claimants under the head loss of filial consortium and Rs.15,000.00 was awarded for funeral expenses.