The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988 and relevant case law to determine compensation for the loss of dependency in motor accident claims.

J.R. MIDHA, J.

1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 7,85,000/- has been awarded in respect of the death of Nishit Saran and Rs. 10,46,000/- has been awarded in respect of the death of Shivali Malhotra. The appellants seek enhancement of the award amount.

2. The accident dated 24th April, 2002 resulted in the death of five persons travelling in car bearing No. DL-6CD-9031 which was hit by truck bearing No. HR-38F-1622. Three claim petitions were filed before the Claims Tribunal relating to the death of Nishit Saran, Shivali Malhotra and Ashish Puri in respect of which a common award was passed by the Claims Tribunal. Two appeals have been filed in respect of the claims relating to the death of Nishit Saran and Shivali Malhotra.

MAC. APP. No. 321/2008

3. This appeal relates to the death of Nishit Saran who was survived by his parents. The deceased was aged 26 years at the time of the accident. Appellant No. 1 is the mother of the deceased who appeared in the witness box before the Claims Tribunal as PW-8 and deposed with respect to the qualifications, occupation and income of the deceased which is as under:-

1. In this case I am Petitioner No. 2. My husband Col Rajeshwar Saran is Petitioner No. 1. We claim compensation on account of the death of our son Nishit Saran, aged 26 years, who died in an accident on 24th April, 2002 at 2:20 AM, caused due to rash and negligent driving of Truck No. HR-38F-1622, by Respondent No. 1, who while driving the above said truck, struck against the Car No. DL 6CD 9031. Our son Nishit Saran was travelling in the car who was seriously injured and succumbed to the injuries at the spot itself. The accident took place at the crossing of Lodhi Road and Bhishma Ptamah Marg near Dayal Singh Inter college. The other occupants of the car in question, Shivali Malhotra, Pooja Mukherjee, Ashish Puri and Pankaj Kakkar died at the spot.

2. He was a brilliant student having excelled himself from early school stage to his last day as will be evident from the facts given below:-

Academic Awards and Achievements

(a) He always stood first in his class right from prep stage to class XII. The Army Public School Dhaula Kuan "Secondary School Academic Records" para 1(a) refers, - Ext.PW8/1

(b) He passed Class X examination as a topper in the school with 93.6% marks getting distinctions in all five subjects. Mark sheet and Certificate of Merit for reasons of outstanding academic performance and for being among the 0.1 percent of successful candidates of All India Secondary School Examination 1992 is attached. - Ext.PW8/2(1) to PW8/2(2)

(c) He passed Class XII examination with 94% marks. Mark sheet is attached. - Ext.PW8/3

(d) He was School Captain for year 1993-94. Extract from Army Public School Magazine is attached. - Ext.PW8/4

(e) He was the recipient of the National Talent Search Scholarship for 1992 (awarded to only 250 students all over India). Merit Certificate Roll number 239026 is attached. - Ext.PW8/5

(f) He was offered the Singapore Airlines Asian Scholarship for two years study in Singapore (inclusive of room, board, tuition, travel and stipend) Singapore Airlines Limited letter of offer No. 001/93 dated 04 Nov 1992 is attached. - Ext.PW8/6

(g) Recipient of the National Merit Scholarship awarded by the HRD Ministry, Govt. of India. Para 5(c) of Ext PW8/1 refers. - Ext.PW8/1 page 2

(h) Recipient of the Dhunichand Memorial Prize and the Shantidevi Memorial Prize, Both cash prizes awarded by trusts for outstanding academic records. Para 5(d) of Ext PW8/1 refers. - Ext.PW8/1 page 2

(j) Had won umpteen prizes and awards in writing, public speaking, declamation contests etc at local, State and National levels. Twenty certificates are attached. - Ext.PW8/7(1) to PW8/7(20)

4. Having completed his class XI, he appeared in competitive examinations like TOEFL (test