AMARJEET CHAUDHARY, J. - (1.) THIS appeal has been filed against the award of the Motor Accident Claims Tribunal, Gurgaon dated 1. 10. 1985 which had dismissed the claim petition filed under Section 110-A of the Motor Vehicles Act on account of death of Suresh Chand, husband of Sheela Devi, appellant No. 1, father of appellants No. 2 to 5 and son of appellants No. 6 to 7 who died in the accident on 25. 3. 1984. In the claim petition, they had claimed Rs. 40,000/- as compensation.
(2.) IN this case, the deceased was 33 years of age at the time of his death and was drawing Rs. 950/- as his salary. The Tribunal assessed the monthly dependency of the claimants on the deceased at Rs. 500/ -. By holding annual dependency of the claimants on the deceased at Rs. 6,000/- and by applying a multiplier of 16, the Tribunal held the claimants to be entitled to Rs. 96,000/- as compensation. Since, the claimants had claimed only Rs. 40,000/- the compensation payable to the claimants was restricted to Rs. 40,000/ -. The case of the claimants as set up in the claim petition was that on 22. 3. 1984 Suresh Chand Gupta, deceased, who was working as Teacher in Government High School and had gone to village Ghamroj to supervise Matriculation Examination as Assistant Superintendent, was standing near Bus Stand Ghamroj and was waiting for a bus for going to Sohna. Taxi No. DLY 823 which was being driven by its driver in a reckless and negligent manner, came from Sohna side and knocked down the deceased. The deceased was taken to Kabliji Hospital where he was given first aid and thereafter referred to General Hospital, Gurgaon, where he was medically examined and his statement was also recorded by the Police. Later on, he was referred to All India Institute of Medical Sciences, New Delhi, where he succumbed to his injuries on 25. 3. 1984.
(3.) THE case of the claimants was that the accident had taken place due to negligent and reckless driving of the taxi being driven by its driver Shri Jayanti Parshad. The offending vehicle was owned by M/s American Express Taxi Company, respondent No. 2.;