Full Text
MAC.APP. 52/2008
SMT.VESUTA & ORS. Appellants
Through: Mr.J.S. Kanwar, Advocate
Through: Ms. Manjusha Wadhwa & Ms. Arpan Wadhawan, Advs. for Respondent no.3.
JUDGMENT
1. The appeal is for enhancement of compensation of Rs.4,40,000/- awarded to the Appellants for the death of Sh. Rajesh Kumar Sharma who died in a motor vehicular accident which occurred on 24.03.2004 involving a road roller and a motor cycle bearing no.DL-SW-6221 on which the deceased was the pillion rider.
2. The Motor Accident Claims Tribunal (the Claims Tribunal)
MAC APP 52/2008 2015:DHC:11346 awarded compensation of Rs.4,40,000/- and made Respondent no.l, owner and driver of the road roller and Respondent no.3, insurer ofthemotor vehicle liable topaycompensation.
3. Admittedly, the claim petition was converted to one under Section 163-A of the Motor Vehicles Act, 1988 (the Act). The Claims Tribunal assessed the income of the deceased to be V Rs.40,000/- perannum. It is urged that appropriate multiplier is '18' as against '15' adopted by the Claims Tribunal. It is also stated that the compensation awarded towards non-pecuniary damages is on the lower side.
4. TheJoss of dependency in a claim under Section 163-A of the Act will be strictly in accordance with the second schedule. The same comes toRs.4,80,000/- (40,000 x 2/3 x 18).
5. In addition, the Appellants will be entitled to a sum of Rs.2,000/- towards funeral expenses, Rs,2,500/- each towards loss oflove and affection and loss ofconsortium and Rs.2,500/towards loss to estate.
6. The overall compensation thus, comes to Rs.4,89,500/-. MAC APP 52/2008 d, r.. Page 2 of[3]
7. Consequently, the compensation is enhanced by Rs.49,500/which shall carry interest @7.5% per annum as granted by the Claims Tribunal from the date of filing of the petition till its payment.
8. 50% of the enhanced compensation shall be payable by Respondent no.l, owner of the road roller and 50% by Respondent no.3 M/s Oriental Insurance Company Ltd.
9. Respondents no.l and 3 shall deposit the enhanced compensation alongwith proportionate interest with the claims Tribunal within six weeks, failing which the Appellants will be entitled to interest @12% per annum from the date of this judgment.
10. The appeal is disposed of accordingly.
11. The pendingapplications stands disposed of.
JUDGE FEBRUARY 09,2015 nk