PISTA & ORS. Vs. GURMITA SINGH & ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellants-claimants aggrieved against the award dated 16.9.1998 passed by Motor Accidents Claims Tribunal, Sojat, whereby the appellants have been awarded a sum of Rs. 3,13,000/ -along with interest @ 12% from the date of filing the application for compensation i.e. 6.1.1996.

(2.) The appellants wife and children of deceased Kewalram filed an application for compensation, inter alia, with the averments that Kewalram was dealing with skin of dead animals and while transporting his goods, he met with an accident resulting in his death. It was, inter alia, claimed that the deceased was aged 30 years and used to earn Rs. 125.00 - 130.00 per day and based on the said aspect the claimants, claimed a sum of Rs. 27,78,000.00 as compensation for untimely death of Kewalram in the accident. Application for compensation was contested by the Insurance Company and the Tribunal after evidence was led by the parties' came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the truck Gurmeet Singh and that Insurance Company was liable for payment of amount of compensation.

(3.) While dealing with the aspect of compensation the Tribunal came to the conclusion that claimant used to earn Rs. 100.00 per day i.e. Rs. 3,000.00 per month and after deducting ⅓rd towards his personal expenses determined the dependency at Rs. 24,000.00 p.a. and after applying a multiplier of 12, awarded a sum of Rs. 2,88,000.00 towards loss of dependency. Further a sum of Rs. 25,000.00 was awarded towards loss of consortium and love & affection and in all a sum of Rs. 3,13,000.00was awarded as compensation.