SURJIT SINGH Vs. DWARKA PRASAD

JUDGEMENT

(1.) In view of the short question involved in this appeal, the preparation of paper book is dispensed with. We have heard the learned counsel for the parties on merits.

(2.) This intra-court appeal has been submitted by the claimants who filed a claim petition before the Motor Accidents Claims Tribunal, Udaipur, claiming compensation on various heads on account of death of Daljeet Kaur. It has been alleged by the claimants and held proved by the Tribunal that the deceased along with other members of the family was travelling in their Maruti van when a vehicular accident was caused by rash and negligent driving by one Dharm Narain of mini truck bearing registration No. RNY 8418. The said mini truck hit the van causing injuries to Daljeet Kaur, Gurmeet Kaur, Amarpal Singh and Vineet Singh. Daljeet Kaur died as a result of the said injuries.

(3.) While dealing with the question of quantification of the amount of compensation, Tribunal considered submissions of the claimants that deceased was 38 years of age and was engaged in the firm Shree Gurunanak Enterprises getting Rs. 3,500 per month as salary with reference to the income tax return, Exh. 9. The learned Tribunal found that return was filed seven months after the death of Daljeet Kaur and there was no proof of any previous filing of return or deposit of income tax. The post-mortem report recorded the age of the deceased 40 years. On the overall facts and circumstances, the Claims Tribunal took the multiplicand of Rs. 1,500 towards the income contribution of the deceased and applying the multiplier of 11 awarded an amount of Rs. 1,98,000 and further awarded Rs. 10,000 towards mental agony and Rs. 2,000 towards funeral expenses.