- (1.) LEAVE granted.
(2.) COMPENSATION which appears to it to be just, has to be assessed and awarded by the Claims Tribunal set up under Section 168 of the Motor Vehicles Act, 1988 (for short, 'the Act'), on an application under Section 166 of the Act. In Nagappa v. Gurudayal Singh and Others [JT 2002 (10) SC 144 : AIR 2003 SC 674], it has been held by this Court that the main guiding principle for determining the compensation is that it must be just. It has also been held that the award must be reasonable. Some of the relevant parameters in that regard arise for consideration in this case.
(3.) PETITIONERS are the widow (Smt. Rajesh) and three minor children of late Bijender Singh- deceased victim. At the time of accident, the deceased was around 33 years. The fatal accident was on 05.10.2007. The deceased was working as clerk in a school under the education department in the State of Haryana. The salary certificate, Exhibit- P3, filed along with Claim Petition filed on 26.11.2007, showed that the deceased was drawing a monthly salary of Rs.6,926/-. The Tribunal deducted 1/3rd towards personal expenses, applied multiplier of 16 and further awarded an amount of Rs.10,000/- towards all other conventional heads and the compensation was rounded off to Rs.8,96,500/- with interest @ 7.5% from the date of the filing of the petition. It was also held that 60% of the compensation awarded would go to the widow and the remaining 40% to be equally shared by the minor children and mother. The share of the minor children was directed to be deposited in their name in a nationalized bank till they attained majority.;