PUSHI Vs. KULWANT SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants-appellants, who are the dependents of the deceased-Shri Narain, who died as a result of the accident caused by a Truck bearing No. DIG-577 which admittedly was insured with the respondent No. 3-The Oriental Insurance Co. Ltd. A claim petition had, therefore, been filed before the Motor Accident Claims Tribunal, Ajmer where the claimant-appellant No. 1- Smt. Pushi, wife of the deceased, specifically stated that her deceased- husband-Shri Narain was earning Rs. 1,000/- per month by selling curd. The age of the deceased, as per the post-mortem report at the time of his death, was 45 years and he had died leaving behind his wife-Smt. Pushi and his two minor sons Nand Ram and Bharat and his mother-Smt. Achuki.

(2.) THE Presiding Officer of the Tribunal, however, assessed the income of the deceased at Rs. 660/- per month only out of which 1/3rd was deducted towards personal expenses and the net income of the deceased was assessed only at Rs. 495/- p. m. Thus, the annual income of the deceased was assessed as Rs. 5940/- to which a multiplier of 13 only was applied. However, Rs. 55,000/- was awarded on account of love & affection to the wife two children and mother and funeral expenses and some other expenses also were included in this amount. In all a sum of Rs. 1,32,220/- was awarded to the claimants-appellants by way of compensation on account of death of the deceased-Shri Narain.

(3.) THE impugned award stands modified to the aforesaid extent and the appeal accordingly stands allowed, but without any order as to costs. .