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2006 DIGILAW 1044 (MP)

RANCHHOD BHAI v. AMARSINGH

2006-09-01

N.K.MODY, S.K.KULSHRESTHA

body2006
S. K. KULSHRESTHA, J. ( 1 ) AGGRIEVED by the inadequacy of compensation of Rs. 89,050, the appellants have filed this appeal, under section 173 of Motor Vehicles Act. ( 2 ) THE claimants are the unfortunate parents of deceased Kamlesh. It was stated that on 21. 3. 2005 at about 10. 30 a. m. their son was going on motor cycle bearing registration No. MP 45-BA 0323 and while he was returning from R. T. O. , a bus bearing registration No. MP 09-171 came at an alarming speed and on account of rashness and negligence of the driver of the bus, the accident occurred in which Kamlesh lost his life on the spot. The appellants alleged that Kamlesh was a young boy of 20 years having Diploma in Computer and he was earning Rs. 4,000 per month. In this background, a sum of only Rs. 1,00,000 was paid as compensation. ( 3 ) THE Tribunal, however, decided his income on the basis of notional income and after deducting 2/3rd and applying the multiplier of 17 awarded Rs. 85,000 for loss of dependency. In addition a sum of rs. 2,000 was provided towards funeral expenses, while Rs. 2,050 was awarded for conveyance. ( 4 ) LEARNED counsel for the appellants submitted that 2/3rd could not have been deducted for personal expenses and the notional income assessed is on the lower side. ( 5 ) WE have heard learned counsel for the parties and perused the record. ( 6 ) WE have positive evidence that the deceased was a diploma holder and was working. Under these circumstances, it was not necessary to treat the salary of the deceased on the basis of notional income. Though, the claim of the appellants with regard to his income is quite exaggerative, it can safely be assumed that the deceased must be earning about Rs. 2,000 per month, i. e. , Rs. 24,000 per annum. Out of this rs. 24,000, 1/3rd is deducted for expenses of the deceased, loss of dependency comes to Rs. 16,000 per annum. The Tribunal has applied multiplier of 17, which according to us is proper and just. Thus, Rs. 16,000 multiplied by 17 is Rs. 2,72,000. Claims tribunal has awarded Rs. 2,000 for funeral expenses and Rs. 2,050 for conveyance. This amount appears to be adequate. 16,000 per annum. The Tribunal has applied multiplier of 17, which according to us is proper and just. Thus, Rs. 16,000 multiplied by 17 is Rs. 2,72,000. Claims tribunal has awarded Rs. 2,000 for funeral expenses and Rs. 2,050 for conveyance. This amount appears to be adequate. However, tribunal has not made any provision towards loss of love and affection and loss to estate. Accordingly, we award Rs. 5,000 towards loss of love and affection and rs. 2,500 towards loss to estate. The total amount thus comes to Rs. 2,83,550. ( 7 ) WE, therefore, hold that the claimants are entitled to Rs. 2,83,550 from the respondents. Enhanced amount shall carry interest at the rate of 6 per cent per annum from the date of the application. ( 8 ) WITH the aforesaid modification in the award, this appeal is disposed of, with no order as to costs. C. C. as per rules. Appeal allowed. .