OMVEERI Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 5.4.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Hindaun City, whereby the learned Judge has awarded a sum of Rs. 75,000 out of the total claim of Rs. 8,14,000 as claimed by the claimants.

(2.) I have heard learned Counsel for the parties and gone through the award sought to be modified. An unfortunate accident took place where Laxman Singh aged 20 years was run over by the offending truck No. 5237 insured by the National Insurance Company Ltd., respondent No 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 8,14,000 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of aforesaid truck by its driver has awarded a sum of Rs. 75,000 making the respondents liable to pay the award amount to the claimants, jointly and severally.

(3.) Considering the age of deceased as 20 years at the time of accident and assessing his monthly income at Rs. 300 and after deducting l/3rd of his income for his personal expenditure, the learned Tribunal calculated his net income at Rs. 200 per month which he could have contributed to his dependents and applying the multiplier of 25 has awarded a sum of Rs. 200 x 12 x 25 = 60,000 as against loss of income to the dependents of the deceased. That apart the Tribunal has awarded Rs. 10,000 as against loss of consortium, Rs. 2,500 funeral expenses and Rs. 2,500 expenditure incurred on conveyance. In all a sum of Rs. 75,000 have been awarded as compensation.