UNION OF INDIA Vs. BIMLA DEVI

JUDGEMENT

(1.) THE present appeal is directed against the award dated 17.9.96 passed by Shri Munish Gupta, Judge Motor Accident Claims Tribunal, Jammu.

(2.) THE story of the accident is that on March 1, 1985 the deceased Madhu Sudhan, a young bachelor was proceeding to Udhampur from Jammu on his scooter bearing registration No. 3085 -PUX. The scooter collided with Army vehicle 3 tonnes No.79 -B -40666 -Y coming from opposite direction at Nagrota. As a result of the accident the deceased Madhu Sudan was seriously injured and succumbed to the injuries.

(3.) PARENTS of the parties filed the claim petition No. 121 on 29 -8 -85 demanding Rs 4 lakhs as compensation on the ground that the monthly income of the deceased at the time of accident was Rs.1000/ which was likely to increase to Rs.2200/ by the time he was to superannuate. The petition it appears was dismissed for non -prosecution, but later on restored on 20.3.95. The Tribunal calculated monthly income @ Rs.6000/ by assuming the possibility of his promotion. After deducting his personal expenses the monthly dependency of the parents was assessed at Rs.4050/ - and annual dependency at Rs.48600/ -, the final amount of Rs.5,87,00/ - was awarded as compensation including the interest.