Smt.Tulsa And Others vs Kashiram And Others

Heard.

The present appeal is arsing out of award dated 01.09.2008 passed the Motor Accident Claims Tribunal, Sagar in Claim Case No.134/2008.

The facts of the case reveal that the appellant before this Court are wife and children of deceased Khushilal, who unfortunately died on account of an accident involving vehicle No. MP08 CA/0176. A criminal case was also registered against the driver and the same is pending i.e Criminal Case No. 5954/2007.

The facts of the case further reveal that the deceased Khushilal was returning back to his house on a motor cycle along with Balram Sen and he met with an accident with the offending vehicle bearing no. MP08 CA/0176. The deceased on account of accident received serious injuries and was admitted in the hospital and later on he succumbed to the injuries.

The Claims Tribunal, as the liability was not disputed, the negligence was proved, after framing the issues and after conducting a regular trial, has awarded compensation to the tune of Rs. 3,02,554.00. Para 20 of the order passed by the Claims Tribunal read as under:-

"20. Consequently, the claim petition is partly allowed for a compensation of Rs.3,02,554/-(three lacks two thousand five hundred fifty four only) and an award is granted in following terms:-

(1) The non-applicants no.1, 2 and 3 jointly and severally will pay a sum of rupees 3,02,554/- along-with interest @ 6% per annum from the date of institution of the suit till realization within two months from the date of this judgment to the applicants.

(2) The applicants no.2 and 3 will get a sum of Rs.50,000/- each and the entire remaining amount would go to the applicant no.1. All the applicants will get one third amount in cash and the remaining shall be kept in fixed deposit in any Nationalized Bank for a period of three years. If any amount towards the interim award has been given to the applicants it could be adjusted in the final award.

(3) The non-applicants will bear their own cost and proportionate cost of the applicants. Counsel fee is allowed as per schedule, if certified.

Award be drawn up accordingly."

The Tribunal has granted total sum of Rs.3,02,554.00 by taking income to be Rs.4400/- per month. Taking into account the dependency in place of multiplier of 8, multiplier of 9 is being applied and now the amount comes to Rs.3,16,800/-, similarly under the funeral expense, only Rs.2,000/- is granted and the same is enhanced to Rs.15,000/-, under the head of loss of estate, only Rs.2,500/- is granted and the same is enhanced to Rs.15,000/-, under the head of loss of consortium Rs.5,000/- has been granted, it is enhanced to Rs.40,000/-, under the head of medical expenses Rs.11,554/- has been granted, the same is not enhanced because it is under medical head, meaning thereby, in place of Rs.3,02,554.00, now the claimant shall be entitled to Rs.3,98,354.00 along with interest @ 6% per annum from the date of filing of the claim petition. The amount already deposited be adjusted from the aforesaid amount.

With the aforesaid, appeal stands allowed and disposed of.

Certified copy as per rules.