- (1.) This appeal arises out of the Award of the learned Motor Accident Claims Tribunal, Kaithal, dated 19.12.2007, passed in a claim petition filed before it by the present appellants, who are the widow, sons and parents of deceased Ramphal.
(2.) The facts leading up to the filing of the petition in the Tribunal are that on 21.11.2006, Ramphal and one Ramesh (also an injured-claimant, in a connected claim petition before the Tribunal), are stated to have been standing at Bus-stand Chuharpur, along with one Naresh Kumar and his brother-in-law Virender. Ramphal and Ramesh boarded a 'maxi cab' bearing registration No.HR56-3424, whereas Naresh Kumar and Virender boarded another 'maxi cab', which was ahead of the one in which Ramphal and Ramesh were sitting. Respondent No. 1, driver of the 'maxi cab' in which Ramphal was sitting, tried to overtake the other 'maxi cab', in a rash and negligent manner, leading to the overtaking 'maxi cab' striking against a culvert and turning turtle and falling into the ditches nearby. Ramphal is stated to have died on the spot, whereas Ramesh received multiple injuries and was taken to hospital. On the issue of the negligence of respondent No.1, the learned Tribunal found him guilty of rash and negligent driving, which finding is not subject matter of any appeal brought to the notice of this Court.
(3.) Coming therefore to the issue of enhancement of compensation, as claimed by the appellants for the death of Ramphal, though they claimed Rs. 30,00,000/- as compensation, the Tribunal awarded Rs. 7,66,000/-. As per the claim, Ramphal used to earn Rs. 15,000/- per month, drawing salary from a Marketing society and by other means. His salary was Rs. 8,300/- per month, as per the salary certificate of the Cooperative Marketing Society, Kaithal, proved before the Tribunal, with no other income proved. The Tribunal deducted 1/3rd of that amount as what the deceased would have spent on himself and held the dependent income of the appellants-claimants to be Rs. 5500/- per month, thereby amounting to Rs. 66,000/- per annum. The age of the deceased having been accepted to be 44 years, as per the post mortem report, a multiplier of 11 was applied, thereby coming to a loss of dependent income of Rs. 7,26,000/- to the appellants. Rs. 20,000/- was granted by way of loss of love and affection and consortium and another Rs. 20,000/- was awarded as compensation for the last rites conducted. Thus, as already noticed, the total compensation awarded was Rs. 7,66,000/-. Appellant No.1 was held entitled to receive Rs. 2,66,000/-, with the remaining Rs. 5,00,000/- to be divided in equal shares amongst Appellants No.2 to 5. Interest @ 7.5% per annum was also awarded on the compensation amount, running from the date of the filing of the claim petition, till actual realisation thereof.;