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Judgment
10 paragraphs · 389 wordsS.P. Srivastava, J.
Heard the learned Counsel for the appellant.
The appellant feels aggrieved by the award of an amount of Rs. 4,42,000/ - as compensation to the claimants on account of the untimely death of Sri Chetanya Swaroop, the husband of claimant No. 1 and father of claimant Nos. 2 and 3 who are minor children, aged about 35 years in the accident involving the offending motor vehicle, a Roadways Bus.
It is not disputed that Sri Chetanya Swaroop was travelling in a Jeep which collided with Roadways Bus No. U.P. 75/7721 causing his instantaneous death. The claimants had come up with the case that the said Jeep had collided with the offending bus and Sri Chetanya Swaroop received fatal injuries and died on the spot. The deceased was getting total salary of Rs. 4,666/- per month and his basic pay was Rs. 3,200/- per month.
The learned Counsel for the insurer-appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.
In this connection, it may be noticed that the Tribunal proceeded to calculate the income of the deceased on the basis of his pay as Rs. 38,400/- per annum. The extent of dependency was found to be Rs. 25,600/- per annum and multiplier of 17 was rightly applied.
The Tribunal after carefully considering the evidence and the materials as brought on record, has come to the conclusion that the injuries, which had resulted in the instantaneous death of Sri Chetanya Swaroop, were caused due to the rash and negligent driving of the offending vehicle.
The learned Counsel for the appellant has tried to assail the findings of the Tribunal returned against it but has not been able to demonstrate that the findings can be taken to be suffering from any such legal infirmity which may justify an interference therein.
Taking into consideration the totality of the circumstances as brought on record, this appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine.
As prayed, the amount of Rs. 25,000/- deposited in this Court by the insurer-appellant u/s 173 of the Motor Vehicles Act be remitted to the Motor Accident Claims Tribunal concerned so that it may be disbursed to the claimant.