RAM PAL Vs. AMARJEET SHARMA

JUDGEMENT

(1.) THE instant appeal is directed against the award of the Motor accidents Claims Tribunal, Bharatpur, dated 22. 1. 2004 in Claim Case No. 68 of 2001 whereby the Claims Tribunal partly allowed the claim application and passed an award of Rs. 1,92,000 in favour of the appellants-claimants.

(2.) IN brief, the facts giving rise to this appeal are that in a road accident which occurred on 26. 8. 2000 due to negligence of the respondent No. 2. When deceased was grazing her buffalo and was sitting near road side; suddenly a truck No. RJ 14-G 5568 which was being driven by the respondent No. 2 rashly and negligently, resulted in death of Puniya Devi. Her legal heirs have filed the instant appeal for enhancement of compensation amount. The dependency was taken to be Rs. 1,000 then the amount was determined as Rs. 1,000 x 12 x 15 = Rs. 1,80,000. Rs. 10,000 have been awarded towards loss of love and affection.

(3.) SUBMISSIONS of the counsel for the appellants is that the Tribunal has grossly erred in determining the notional income of the deceased as Rs. 1,500 per month, although their case was that she was earning Rs. 6,000 per month from sewing, weaving, etc. Although the deceased was 35 years of age, but wrongly considering the fact of age mentioned in the postmortem report, the same was taken as 42 years and further the multiplier of 15 was applied. The dependency was taken to be rs. 1,000 then the amount was determined as Rs. 1,000 x 12 x 15 = Rs. 1,80,000. Rs. 10,000 have been awarded for loss of love and affection which is on the lower side.