Vijender Singh Malik, J. - (1.) THESE two appeals have been directed against the award dated 07.09.2011 passed by learned Motor Accidents Claims Tribunal, (Fast Track Court), Narnaul (for short 'the Tribunal). Smt. Lali Devi and Billu alias Lilu had brought a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') on the death of their son Ram Kishan in a road side accident that took place on 12.02.2010. The said claim petition has been allowed by the Tribunal in a sum of Rs. 6,58,000/ -. While FAO No. 6993 of 2011 has been brought by Reliance General Insurance Company Ltd., the insurer seeking to shake off its liability in the matter, FAO No. 3130 of 2012 has been brought by the claimants for enhancement of compensation.
(2.) ON 12.02.2010 at about 1.00 AM Ram Kumar, Ram Kishan and others were going to Delhi from Parana in a truck bearing registration No. HR -55B -9676. The truck was being driven by Ram Kumar as per traffic rules. Ram Kishan was sitting in the cabin of the said truck. At about 2.30 AM when they had crossed village Chillro, a truck bearing registration No. HR -63 -A -7468 which was going ahead of their truck was being driven in a rash and negligent manner. That truck suddenly stopped and though Ram Kumar tried his best to avoid the accident but on account of sudden stopping of the offending truck, his truck had hit the backside of the offending truck. Ram Kumar, Ram Kishan and others had suffered injuries on account of which Ram Kumar and Ram Kishan died. Ram Kishan is claimed to have been aged 23 years. He was working as a driver on truck No. RJ -32J -0303 and was earning Rs. 10,000/ - per month. The claim petition is resisted by the respondents. Respondents No. 1 and 2 have denied any accident to have occurred with their truck. The age, occupation and income of the deceased are also denied. The claimants are denied to deserve any amount as compensation.
(3.) NOTICING the statement of Rajesh, PW -6 that Ram Kishan was working as a driver on his truck bearing registration No. RJ -32G -0303 and was being paid a sum of Rs. 10,000/ - per month as salary, learned Tribunal has taken the income of the deceased Ram Kishan as Rs. 6000/ - per month. He has taken the dependency of the claimants, the parents of the deceased at 50% of the same and has, thus, calculated the annual dependency of the claimants at Rs. 36,000/ -. Learned Tribunal has adopted the multiplier of 18 and assessed a sum of Rs. 6,48,000/ - as the loss suffered by the claimants in the death of Ram Kishan. Adding a sum of Rs. 10,000/ - towards loss of estate and funeral expenses, a sum of Rs. 6,58,000/ - is assessed as compensation.;