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1999 DIGILAW 25 (RAJ)

Bhanwar Devi v. Hari Narain

1999-01-06

D.C.DALELA

body1999
JUDGMENT 1. - This is an appeal for the enhancement of the amount of compensation awarded by the learned Motor Accidents Claims Tribunal, Jaipur, for the death of the deceased, who died in the accident at the age of 55 years. The learned Tribunal has awarded a total compensation of Rs. 55,000. 2. The learned Tribunal has assessed the age of the deceased as 55 at the time of the accident. According to the Second Schedule to the Motor Vehicles Act, 1988, the multiplier, at this age, should be 11. 3. The learned Tribunal has estimated the gross income of the deceased at the time of the accident, as Rs. 600 per month. This assessment of the gross income is based on guesswork. The learned Tribunal has expressly stated that in this case, the gross income of the deceased at the time of accident, would have to be estimated on guesswork, because there is no specific evidence on record. But, from a perusal of the award of the learned Tribunal, it is evident that witness Sitaram has deposed that the income of the deceased was Rs. 1,300 to Rs. 1,350 per month. Witness Om prakash has deposed that his deceased father used to earn Rs. 1,300 to Rs. 1,400 per month. There is no evidence on rebuttal in this behalf. Thus, from the testimony of witnesses, Sitaram and Omprakash, it is evidently clear that the gross income of the deceased at the time of the accident, was at least Rs. 1,300 per month. Therefore, the learned Tribunal does not seem to be correct, when it held that in the absence of evidence on record, the gross income of the deceased would have to be estimated on the basis of guesswork. From the evidence, as mentioned in the award, it is sufficiently established that the gross income of the deceased at the time of the accident, was at least Rs. 1,300 per month. 4. In the case of General Manager, Kerala State Road Transport Corpn. v. Susamma Thomas 1994 A.C.J. 1994(1) T.A.C. 323 (SC) , the Hon'ble Supreme Court has held that while assessing the value of dependency, a higher gross income should be estimated having regard to the future advancement in career and increase in the earning of the deceased. 4. In the case of General Manager, Kerala State Road Transport Corpn. v. Susamma Thomas 1994 A.C.J. 1994(1) T.A.C. 323 (SC) , the Hon'ble Supreme Court has held that while assessing the value of dependency, a higher gross income should be estimated having regard to the future advancement in career and increase in the earning of the deceased. Hon'ble Supreme Court has estimated the gross income by doubling the existing gross income of the deceased at the time of accident. Since in the present case in hand, the age of the deceased at the time of the accident was 55 years, the gross income of the deceased should be estimated by adding half of the existing gross income to the existing income of the deceased. By doing so, the gross income of the deceased comes to Rs. 1,300 + Rs. 650 = Rs. 1,950. Deducting one-third therefrom, on account of the personal expenses of the deceased, the total loss of dependency comes to Rs. 1,300 per month. With reference to multiplier of 11, the total loss of dependency would be Rs. 1,300 x 12 x 11 = Rs. 1,71,600. To this, a sum of Rs. 15,000 should be added for the loss of consortium and love to the wife of the deceased; and Rs. 5,000, as compensation for the loss of fatherly affection to the son of the deceased. Thus, the total amount of compensation in this case comes to Rs. 1,91,600. The award of the learned Tribunal is required to be enhanced to this extent. 5. In the result, the appeal is partly allowed. The total amount of compensation is enhanced to Rs. 1,91,600 from that of Rs. 55,000 as awarded by the learned Tribunal. The award of the learned Tribunal shall stand modified to this extent. The other part, terms and conditions of the award are maintained.Appeal partly allowed. *******