JASWA DEVI Vs. GAUTAM KUMAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dated 5th October, 2012 passed by learned Principal District Judge-cum-Motor Vehicle Accident Claim Tribunal, Chatra in connection with Claim Case No. 55 of 2011 whereby the Tribunal has passed an award against the insurer and directed to pay Rs. 6,90,000/- to the claimants in lieu of death of late Krishna Bhuian @ Krishna Bharti. The facts, in brief, is that the deceased along with other passengers, was travelling on 10.11.2011 by vehicle Mo. JH-13-A-8280. Due to rash and negligent driving aforesaid vehicle met with an accident and as such Krishna Bhuian @ Krishna Bharti sustained injuries and later died.

(2.) The claimants, who are dependents, had filed application for grant of compensation which was duly allowed by the Tribunal and an award, as indicated above, has been passed.

(3.) The appellants/claimants, being dissatisfied with the quantum of compensation, have preferred this appeal on the ground that as per the guidelines given by Hon'ble Supreme Court in the case of Sarla Verma v. D.T.C., 2009 6 SCC 121where the number of dependents is more than five, deduction towards personal expenses of the deceased has to be 1/5th from income of the deceased.