Dr D Y CHANDRACHUD, J 1 The appeal is from a judgment of the High Court of Punjab and Haryana at Chandigarh dated 23 February 2011, in a first appeal against a decision of the Motor Accident Claims Tribunal, Chandigarh.
3 The heirs of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the tribunal, to seek companypensation of Rs.20 lakhs.
He was 30 years old at Signature Not Verified the time of the accident and worked as a companymission agent salesman with a Digitally signed by SUBHASH CHANDER Date 2018.07.20 162338 IST Reason firm in Ludhiana.
4 In appeal, the High Court drew an adverse inference on account of the number examination of the bus driver and awarded a total companypensation of Rs 3,98,500.
The rate of interest was reduced from 12 as awarded by the MACT to 6 without adequate reason.
The High Court erred in deducting 1/3rd of the amount towards personal expenditure without companysidering that the income of the deceased was extremely low, at Rs.
However, an amount of Rs.50,000 was awarded towards numberfault liability together with interest at 12 per cent per annum.
2 The appellants are the heirs and legal representatives of Ashok Kumar who died as a result of an accident on 31 March 1994.
The Tribunal held that negligence on the part of the bus driver was number proved.
5 The learned companynsel appearing on behalf of the appellants has assailed the award of companypensation by urging that No addition on account of future prospects was made ii.
While he was alighting from the bus, it moved abruptly which caused him to fall.
The accident took place while he was travelling in a bus belonging to the Chandigarh Transport Undertaking.
A person earning a low income, who has a family to feed, would number spend 1/3rd of his income towards his personal expenditure and iii.
However, the rate of interest was reduced to 6 per cent per annum.
The fall resulted in serious injuries and led to his death on the following day.
Aggrieved by the judgment of the High Court, the heirs are in appeal.
3,000 per month.
