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Rajasthan High Court · body

2001 DIGILAW 1861 (RAJ)

VINITA v. RAM

2001-11-28

J.C.VERMA

body2001
Judgment J. C. VERMA, J. ( 1 ) THIS misc. appeal has been filed by the appellant against the order dated 20. 9. 1996 by Judge, Motor accidents Claims Tribunal, Jaipur City, jaipur, whereby the compensation of only rs. 5,25,700 was awarded in M. A. C. T. Case No. 821 of 1992. ( 2 ) THE facts of the case are that the claim application was filed by the widow, minor children and father of the deceased girdhari Lai for the compensation because of the death of the deceased Girdhari Lai in accident on 2. 11. 1992 when he was hit from behind by DCM Toyota RJ 14-G 2000. Girdhari Lai was seriously injured. He was removed to SMS Hospital where he died. The claim application was filed claiming Rs. 36,50,000 as compensation. ( 3 ) AFTER framing the required issues the Tribunal had given the finding that the accident was caused because of negligent driving of the offending vehicle. However, the Tribunal has awarded the compensation only of Rs. 5,25,700. Being aggrieved the claimants have filed the appeal for enhancement of the compensation. ( 4 ) IT is the contention of the appellants that the multiplier applied in the instant case is too low. Because of death of 35 years old person, the multiplier could not be less than 17. It is also contended that the dependency has not been assessed properly. The deceased was working in Government undertaking and at the time of death he was drawing a salary of Rs. 4,624 as he was working as the Depot Manager. It is contended that dependency could not be less than Rs. 3,050 even if, /3rd amount is deducted from the salary of the deceased, but the Tribunal has deducted th amount as expenses of deceased and assessed the dependency at Rs. 2,850 and applied the multiplier of 15 only. It is also contended that the Tribunal has not awarded proper amount towards consortium. ( 5 ) AFTER hearing counsel for parties I am of the view that dependency has not been assessed properly. After deducting vsrd amount as expenses of the deceased the dependency is fixed as Rs. 3,050 per month. The multiplier is increased from 15 to 17. Accepting the plea of the claimants, in my opinion, the compensation is liable to be enhanced to Rs. 3,050 x 12 x 17 =rs. 6,22,200. After deducting vsrd amount as expenses of the deceased the dependency is fixed as Rs. 3,050 per month. The multiplier is increased from 15 to 17. Accepting the plea of the claimants, in my opinion, the compensation is liable to be enhanced to Rs. 3,050 x 12 x 17 =rs. 6,22,200. The amount of consortium is also increased to Rs. 15,000 and Rs. 2,800 for cremation expenses to make a round figure. The total compensation is enhanced to Rs. 6,40,000 instead of Rs. 5,25,700. It shall be paid with the same rate of interest as awarded by the Tribunal. The amount of the compensation shall be paid by the insurance company within a period of two months, after adjusting the amount already paid. Compensation shall be paid according to the same proportion and direction as directed by the learned Tribunal. With the above direction the misc. appeal is partly allowed. Appeal partly allowed.