SUDESH KUMARI DUA Vs. RAMESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellants whose claim petition was allowed by the Motor Accident Claims Tribunal and they were held entitled to a total compensation of Rs. 86,944/with interest at the rate of 12% per annum from the date of filing the claim petition till realization of the amount. The Tribunal found that the accident took place on account of the negligence of the truck driver.

(2.) JAGDISH Kumar Dua was travelling in tempo from Hissar to Ambala when the tempo struck against a parked truck. The truck was parked on the wrong side of the road. As a result of the accident, Jagdish Kumar Dua who was 42 years of age at the time of accident, died at the spot. Claim petition was preferred by his widow and two minor daughters before the Motor Accident Claims Tribunal. The Tribunal while allowing the said claim petition, awarded a total compensation of Rs. 86,944/- with interest at the rate of 12% per annum from the date of filing of claim petition. Being dis-satisfied with the said award, the claimants have come to this Court by way of present appeal.

(3.) MR. Vinod Kumar Kataria, learned counsel for the appellants contends that the Tribunal while holding that the deceased at the time of accident was a partner to the extent of 10% in a wine shop known as M/s. Sarwan Singh Jagdish Kumar, Hissar Road, Ambala City, assessed the annual income of the deceased at Rs. 8,148/ -. He further contends that the Tribunal erred in holding that the deceased was spending 1/3rd for self-maintenance, rather he was not spending that much amount on himself. He further submits that considering the age of deceased, multiplier of 20 should have been applied instead of 16 as applied by the Tribunal.