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Tulla Ram vs Rajinder Kumar and Others

Punjab And Haryana At Chandigarh · Decided on 13 August 1993 · Citation: (1994) 1 ACC 399 : (1993) 105 PLR 316

HON’BLE JUDGES
Amarjeet Chaudhary, J
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1939 — Section 110A
CASE NUMBER
First Appeal Order No. 1205 of 1985
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Judgment

6 paragraphs · 379 words

Amarjeet Chaudhary, J.—This is claimant''s appeal against the award of the Motor Accident Claims Tribunal, Gurgaon, which on a claim petition u/s 110-A read with Section 92-A of the Motor Vehicles Act, 1939 had awarded a sum of Rs. 12,000/- with 9% PA interest as compensation. The liability to pay compensation was fastened on Rajinder Kumar and Mohinder Kumar, driver and owner of Tractor No. HRG 4374 respectively.

2.

The challenge to the award is that the Tribunal had wrongly assessed the income of the deceased at Rs. 100/- per month. The claimant was dependent upon the deceased who used to pay Rs. 200/- per month to him. Further, the Tribunal should have applied a multiplier of 16. It has also been argued that appropriate rate of interest has not been awarded.

3.

I have considered the submissions of the learned counsel for the parties.

4.

In this case, the death of Tulla Ram in the accident is not in dispute. The only question to be determined is with regard to quantum of compensation. It has come in evidence that the. deceased was 30 years of age at the time of accident. Tulla Ram (PW3) father of the deceased had stated that the deceased used to earn Rs. 200/- or Rs. 250/- per month, as labourer and the deceased was provided free meals by the employer. As such, the deceased used to give his entire income, to the claimant Taking as over all view of the matter, I am of the view that the deceased must have been contributing Rs. 150/- per month. Therefore, the monthly dependency of the claimant is assessed at Rs. 150/-. The Claimant was 60 years of age at the time of accident and a multiplier of 10 has rightly been applied.

5.

Taking the monthly dependency of the deceased at Rs. 150/- and by applying a multiplier of 10, the total amount of compensation cones to Rs. 18,000/-. The claimant is held entitled to Rs. 18,000/- as compensation with 12% interest from the date of the claim petition. The compensation already awarded shall however, be adjusted in the amount of compensation now awarded.

6.

The award of the Motor Accident Claims Tribunal is modified to the extent indicated above. No order as to costs.