Shashi Rani Etc v. Union Of India & ORS

FAO No.766 of 1998 (O&M)



   
  FAO No.766 of 1998 (O&M) Date of Decision:29.09.2015 Shashi Rani and another #.Appellants

Versus

Union of India and others #.Respondents      




Present:

Mr. Viney Saini, Advocate for Mr. G.S. Nagar, Advocate for the appellants.

Mr. Dheeraj Jain, Advocate for the respondents. 

 1.

This appeal is preferred against the award dated 8.12.1997 passed by Motor Accident Claims Tribunal, Gurdaspur (Tribunal for short), whereby compensation to the tune of Rs.1,92,000/8 was awarded on account of death of Rajiv Kumar, son of the appellants, who died in a road accident. Enhancement of the compensation is sought.

2.

The dispute here is only on quantum. Counsel for the appellants submitted that nothing was awarded for funeral expenses for the death of Rajiv Kumar, who died in a road accident in 199581996. Also deduction should have been made to the extent of 50% because the deceased was a bachelor. The Tribunal assessed the income of the deceased at Rs.4,000/8 but the dependency was taken to be Rs.1000/8 per month. Multiplier of 18 should have been applied according to the age of the deceased.

3.

It is not disputed by counsel on the other side that deduction should have been to the extent of 50% and multiplier of 18 was to be applied. Regarding funeral expenses also, there is no opposition. 4.

The amount of compensation on the basis of income will, therefore, come to Rs.4,32,000/8. An amount of Rs.8000/8 is awarded towards funeral ISHWAR SINGH GARHWAL 2015.10.01 12:14 I attest to the accuracy and authenticity of this document

FAO No.766 of 1998 (O&M) expenses keeping in view the year of accident. Thus, the total compensation comes to Rs.4,40,000/8. Enhanced amount shall fetch interest @ 6% per annum. 5.

The appeal is disposed of in the above terms.   

              29.09.2015 Ishwar

! "#!$!!% "!&"! !" ISHWAR SINGH GARHWAL 2015.10.01 12:14 I attest to the accuracy and authenticity of this document