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Judgment
The instant appeal has been preferred by the claimants-appellants for assailing the judgment-cum-award dated 19.09.2005 passed by the learned Motor Accident Claims Tribunal, Pali in Claim Case No.164/2004 whereby the claim application filed by the claimants-appellants under Section 163-A of the Motor Vehicles Act was allowed and they were awarded damages to the tune of Rs.1,00,000/- owing to the death of Banshilal (son of appellant No.1 and brother of appellants No.2 and 3) in a road accident which took place on 05.02.1998.
The claimants filed the claim application stating that they alongwith Banshilal had gone to Village Singari. While returning, when they reached near Khandi Phata, the driver of one Alvin Nissan Truck bearing registration No. RJ 15/P 0074 drove his vehicle to the wrong side of the road in a rash and negligent manner collided the same with the tractor trolly, in which the claimants and Banshilal were sitting. By the result of the impact, Banshilal, aged 13 years, died at the spot. The offending vehicle was owned by the Rajasthan Police.
The Tribunal framed the requisite issues in terms of the Motor Vehicles Act. The issue regarding the accident having been occurred because of rash and negligent driving by the driver of the offending vehicle i.e., namely Nahar Singh was decided in favour of the claimants-appellants. The entitlement of the claimants to receive the damages was also decided in their favour. The claim was to be quantified as per the second schedule of the Motor Vehicles Act. Only the appellant No.1 Suwati, being the mother of the deceased Banshilal was held entitled to receive the damages. Since these findings have not been challenged by any of the respondents, the same have attained finality. Thus, the appeal is to be adjudged only regarding the entitlement of the claimants receiving damages. The calculations are made in the following manner:-
Annual income of the deceased child
Rs.15000/-
Multiplier to be applied to income @ 15 Rs. 15000 x 15 = Rs. 2,25,000/-
Rs.2,25,000/-
1/3rd deduction from the income towards personal needs & expenditure (Rs.2,25,000/3 = Rs.75000/-)
Rs.75000/-
Net Income (Rs.2,25,000 - Rs.75000 = Rs.1,50,000/-)
Rs.1,50,000/-
Medical expenses
Rs.10,000/-
Funeral Expenses
Rs.2,000/-
Loss of estate
Rs.2,500/-
Total compensation awardable
Rs.1,64,500/-
Amount awarded by the Tribunal
Rs.1,00,000/-
Enhanced amount
Rs.64,500/-
The claimants shall be entitled to interest at the rate of 7.5% per annum on the enhanced amount from the date of filing of the claim petition till realization.
The respondent Department is granted three months' time to deposit the awarded amount with the Tribunal.
The Tribunal shall disburse the enhanced amount as per its own wisdom after accounting for the claimants' present prevailing circumstances.
The appeal is allowed in the above terms.
Record be returned to the Tribunal forthwith.