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2003 DIGILAW 381 (MP)

Jagdish Prasad Sharma v. Asgarkhan

2003-03-06

RAJENDRA MENON, UMA NATH SINGH

body2003
JUDGMENT This Misc. Appeal preferred by the claimants against the award dated 11.1.1999, passed by learned IXth Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 56/97, challenges the quantum of compensation, mainly on the ground that the Tribunal has seriously erred in computing the amount by not applying prevalent formula as given in the Schedule. Shri B.N. Malhotra, learned counsel, on the other hand, submits that the impugned award is based on proper inquiry and need not be interfered in appeal. It is said that on 16.2.1997, at about 11 O'Clock deceased Mahadevi Sharma while travelling in a scooter of her husband Jagdish Prasad met an accident with truck No. CPW 7346, which was being driven negligently and rashly. It is also said that she was an earning hand being employed in some garment shop. She used to do knitting work for the employer. But, the evidence of the employer saying that the deceased was earning rupees two thousand per month, for the work, has not been believed. However, coming to the formula as given in the Schedule II, 1/3rd of the income of the husband is to be calculated as the income of the wife. According to evidence of Jagdish Prasad, husband of the deceased, at the time of accident, he was drawing a salary of rupees 2,500/- after necessary deductions. Thus 1/3rd of Rs. 2.500/- would come to Rs. 833/- which, on being muitiplied by twelve, would come to Rs. 9,996/- per annum. As the age of the deceased was about 41 years at the time of the death, the suitable multiplier would be 15 to be applied herein. Thus, in total the compensation amount comes to Rs. 1,59,440/-, which also includes Rs. 9,500/- towards consortium, loss to estate and funeral expenses. The Tribunal has only awarded a compensation of Rs. 50,000/-for no fault liability and Rs. 9,500/- towards expenditure under different heads. Thus, the compensation amount after deduction of Rs. 59,500/-from Rs. 1,59,440/- comes to about Rs. 99,940/-. Accordingly, the appeal' is allowed and the claimants are found to be entitled to get the enhanced amount of Rs. 99,940/-, which shall be subject to 9% interest from the date of award. 9,500/- towards expenditure under different heads. Thus, the compensation amount after deduction of Rs. 59,500/-from Rs. 1,59,440/- comes to about Rs. 99,940/-. Accordingly, the appeal' is allowed and the claimants are found to be entitled to get the enhanced amount of Rs. 99,940/-, which shall be subject to 9% interest from the date of award. However, as the husband of the deceased is a government servant and the children are said to be minors, the said amount is directed to be kept in FDR for twenty years in the name of an the claimants. Accordingly, the Misc. Appeal is hereby allowed to extent of enhanced compensation.