SMT. MEEMA DEVI WIDOW OF LATE SH. UMEDA RAM Vs. SANG SINGH S/O. SHRI MANGAL SINGH
LAWS(RAJ)-2017-7-213
HIGH COURT OF RAJASTHAN
Decided on July 11,2017

Smt. Meema Devi Widow Of Late Sh. Umeda Ram Appellant
VERSUS
Sang Singh S/O. Shri Mangal Singh Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal seeking enhancement of compensation is directed against the judgment and award dated 12.06.2000 passed by the Motor Accident Claims Tribunal-I, Jodhpur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.3,28,000/- as compensation.
(2.) The application for compensation was filed by the appellants - wife, children and parents of the deceased Umeda Ram, inter alia, with the averments that the deceased was aged 23 years at the time of accident, he was earning Rs.2,500/- per month and was getting an allowance of Rs.50/- per day. Based on the said averments, the compensation of Rs.16,26,000/- was claimed. The application was contested by the Owner and the Insurance Company.
(3.) The Tribunal after hearing the parties, came to the conclusion that the deceased was aged 23 years and as no certificate pertaining to the salary was produced, keeping in view the fact that the deceased was a co-driver in the vehicle, his income along with the future enhancement was taken at Rs.2,500/- per month, after deducting 40% towards personal expenses, the dependency was taken at Rs.1,500/- per month and after applying multiplier of 17, a sum of Rs.3,00,000/- towards loss of income was awarded. Further, Rs.2,000/- towards funeral expenses, Rs.10,000/- towards loss of consortium and Rs.4,000/- each to children and parents of the deceased towards loss of love and affection was awarded. The Tribunal further awarded interest @ 12% per annum from the date of application i.e. 19.02.1997.;


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