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Judgment
Bhawani Singh, C.J.—This appeal is directed against the award of Motor Accidents Claims Tribunal, Sconi in M.C.C. No. 116/99, dated 30-9-2000.
Claimants are the parents of deceased Mamta who died in a motor accident on 23-11-99 when one truck bearing registration No. MP-20 G-3852, driven rashly and negligently, hit the deceased in front of Government School, Jewnara. At the time of accident the deceased was 18 years old, studying in B.A. IInd year. She was also earning Rs. 3,000/- per month by tailoring work. The Claims Tribunal has come to the conclusion that the accident took place, as alleged due to rash and negligent driving of the offending vehicle by its driver. Compensation of Rs. 1,24,500/- (Rupees one lakh twenty four thousand and five hundred) has been awarded with interest at the rate of 12% from the date of application, settling the dependency at Rs. 10,000/- (Rupees ten thousand) per year, thereby rejecting the evidence that the deceased was earning Rs. 3000/- per month by tailoring work.
Through this appeal, the assessment of compensation by the Claims Tribunal, has been challenged. Shri Naman Nagrath, learned Counsel for the appellants submits that the Tribunal has erroneously rejected the evidence with regard to the income of the deceased by tailoring work; therefore, this income be taken into consideration for determination of compensation.
Shri N.S. Ruprah, learned Counsel for Insurance Company submits that claimants have not produced dependable evidence with regard to the income of deceased as to what kind of tailoring work the deceased was doing and where she was selling it. It is mere statement on which reliance cannot be placed. That being so, she has rightly been assessed as non-earning member by the Tribunal.
Giving consideration to the matter, we find that evidence with regard to the income by tailoring work, is not satisfactory. Therefore, it cannot be accepted as such. Compensation with regard to the death of Mamta has to be assessed as non-earning member. That being so, the annual dependency comes to Rs. 10,000/- per year. Multiplied by 16, applicable in this case, deceased being 18 years old at the time of accident and mother (38) years old, the compensation works out to Rs. 1,60,000/- (Rupees one lakh sixty thousand) plus Rs. 7000/- for loss of expectancy of life, Rs. 2000/- for funeral expenses/ and Rs. 2,500/- for loss of estate.
Therefore, the appeal is allowed. Award is modified. Claimants are entitled to compensation of Rs. 1,71,500/- (Rupees one lakh seventy one thousand and five hundred). Enhanced compensation will carry interest at the rate of 9% per annum from the date of application till payment.
Costs of the appeal be borne by the parties.