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Judgment
Rajiv Sharma and Dr. Satish Chandra, JJ.—Present appeal has been filed by the appellants-claimant, for the enhancement of the compensation, u/s 173 of Motor Vehicles Act, 1988 against the judgment and order dated 2.7.2010 passed by the Motor Accident Claims Tribunal. Faizabad, in Claim Petition No. 7 of 2010, where the compensation of Rs. 2,02,000 alongwith interest @ 6% per annum from the date of filing of the claim petition was awarded against the insurance company-opposite party No. 1.
Heard Sri Rajesh Pandey learned counsel for the appellants and Sri Anil Kumar Srivastava, learned counsel for the insurance company-opposite party No. 1.
After hearing both the parties and on perusal of the record, it appears that on 21.12.2009, in the noon, the deceased Ram Chandra and Harish Chandra Gupta were going on a T.V.S. Motorcycle bearing number U.P. 42C/2487 from Faizabad to Rai Bareli. When they reached on highway, a truck bearing number U.P. 42C/3994 was coming from the opposite direction, whose driver was driving it carelessly, rashly and negligently and dashed the motorcycle which resulted serious injuries to them. Later, Sri Ram Chandar died. Being aggrieved, the claimants-appellant have filed the claim petition before the Tribunal, who after examining the entire evidence has awarded a total compensation of Rs. 2,02,000 alongwith the interest @ 6%, from the date of filing the claim petition before the Tribunal, against the insurance company-opposite party No. 1.
In the instant case, the accident is not in dispute. The liability lies with the truck as it was insured. On the date of accident the policy was alive. Both the drivers were holding valid driving licence. The only disputed point is regarding the compensation.
In the instant case, the Tribunal has taken the notional income of the deceased @ Rs. 15,000 per annum. The accident occurred on 21.12.2009. So as per the ratio laid down in the case of Laxmi Devi and Others Vs. Mohammad Tabbar and Another, (So the national income will have to be taken at the rate off 3.000 per month, i.e. Rs. 36,000 per year. Though the deceased was unmarried but he was having widower mother and large number of brothers and sisters. So, the Tribunal has rightly deducted 1/3rd of the total income. Thus, the income for the purpose of computation comes to Rs. 36,000 - Rs. 12,000 = Rs. 24,000 per annum.
By looking the age of the deceased, the multiplier of 16 was rightly applied by the Tribunal, so it comes to Rs. 24,000 x 16 = Rs. 3,84,000. In addition, the appellants-claimant are also entitled for a sum off Rs. 4,500 for funeral charges etc. as the deceased was unmarried. Thus, the compensation comes to Rs. 3,84,000 + Rs. 4,500 = Rs. 3,88.500. The same is to be paid by the insurance company-opposite party No. 1 alongwith interest @ 6% from the date of filing the claim petition before the Tribunal. For the purpose, impugned order and judgment is modified accordingly.
Hence, the insurance company-opposite party No. 1 is directed to deposit full/remaining amount before the Tribunal, within a period of one month.
The Registry of this Court is also directed to transmit the amount/record, if any, to the concerned Tribunal, within a period of one month. The Tribunal is also directed to disburse the amount in terms of the award, within a period of three months thereafter.
In the result, the appeal filed by the appellants-claimant is partly allowed.