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2006 DIGILAW 137 (HP)

KEWAL KURNARI v. KARTAR SINGH

2006-05-16

DEEPAK GUPTA

body2006
JUDGEMENT Deepak Gupta, J. (Oral). - The only question arising in this appeal filed under the Motor Vehicles Act is with regard to the assessment of the compensation. 2. The deceased died in an accident of bus belonging to Haryana Roadways and insured with the National Insurance Company. The deceased was working as ASI in SSB and as per his last pay certificate, his total emoluments as on the date of his death were Rs.9072/- per month, Out of this the deceased was also getting some allowances i.e. washing allowance ration allowance and winter allowance which were personal to him. After deducting these amounts, the net income comes to Rs.8056/- per month. Out of this, 1/3rd is deducted towards the j personal expenses of the deceased and the dependency of the family works out to f Rs.5399.50 which is rounded off to Rs.5400/- per month or Rs.64,800/- per annum. The deceased was aged 52 years, his widow was aged 47 years and the children were major. Keeping all these facts into consideration, it would j appropriate to multiplier of 10 in this case and the compensation on account of loss! of dependency of the family works out to Rs. 6,48,000/-. In addition thereto, the widow is also held entitled to Rs.10,000/- for loss of consortium and the claimants are also held entitled to Rs. 12,000/- on account of funeral and conventional damages etc. The total compensation works out to Rs. 6, 70,000/-. The claimants are also held entitled to interest on this amount at the rate of 9% per annum with | effect from 8.3.2001 the date of filing of the claim petition till deposit/payment of the amount. 3. In view of the above discussion, the appeal is allowed and the award of the learned Tribunal is modified and the compensation is enhanced from Rs 2, 96,000/- to Rs. 6, 70,000/- along with interest @ 9% from the date of filing of the claim petition till deposit of the amount. 4. The respondents are held jointly and severally liable to pay the awarded amount. Since the vehicle was admittedly insured with respondent No.4 the National Insurance Company Ltd., it is directed to deposit the enhanced amount in the Registry of this Court within 12 weeks from today. 5. 4. The respondents are held jointly and severally liable to pay the awarded amount. Since the vehicle was admittedly insured with respondent No.4 the National Insurance Company Ltd., it is directed to deposit the enhanced amount in the Registry of this Court within 12 weeks from today. 5. No doubt the daughter of the deceased was not made party to the petition but it is the duty of a Motor Accident Claims Tribunal and this Court to ensure that the compensation awarded is paid to all the legal heirs of the deceased. As per the evidence on record, the deceased was survived by the claimant and his daughter Narain Dassi. The award is, therefore, apportioned as follows:- 1. Smt. Kewal Kumari Rs.4, 70,000/-(widow) 2. Shri Raj Kumar (son) Rs.1, 00,000/-3. Ms. Narain Dassi Rs. 1, 00,000/-(daughter) 6. The appeal is disposed of in the aforesaid terms. No costs.