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2006 DIGILAW 648 (PNJ)

Kamlesh Yadav v. Parbhu Dyal

2006-02-22

VINEY MITTAL

body2006
Judgment VINEY MITTAL, J. 1. The claimants are the appellants before this Court. They have prayed for enhancement of compensation, which had been awarded by the learned motor Accident Claims Tribunal, (for short the Tribunal), vide award dated march 12, 1998. 2. On June 20, 1996, Mahavir Singh Yadav, who was aged 46 years and was employed as a Lecturer with Government Composite (Model)Coeducation senior Secondary School, Najafgarh, died. The claimants filed a claim petition claiming that the accident in question had taken place on account of the rash and negligent driving of Bus belonging to Delhi Transport Corporation number DBP-6096 being driven by Prabhu Dayal. The claimants claimed, that on account of rash and negligent driving the accident had occurred and as a result thereof Mahavir Singh Yadav had died. The learned Tribunal on the basis of the evidence available on the record found that the Bus in question was being driven rashly and negligently by Prabhu Dayal, the driver of the bus. 3. Consequently, the claimants were held entitled to compensation. It was also held that at the time of his death, Mahavir Singh Yadav was aged 46 years and was working as a lecturer. His carry home salary at that point of time was Rs.7974/- per month. In these circumstances, his annual dependency was assessed at Rs.59636/- and a multiplier of 12 was applied. Consequently, the amount of compensation was assessed as rs.6,99,000.00 along with interest payable at the rate of 12%. The aforesaid compensation included the amount of Rs.5,000.00 for loss of estate and consortium. 4. The claimants have now approached this Court through the present appeal for enhancement of compensation. I have heard Mr. C. B. Goel, the learned counsel appearing for the appellants and Mr. V. Ram Saroop, the learned counsel appearing for the respondents and with their assistance have also gone through the record of the case. 5. Mr. Goel, the learned counsel appearing for the claimants has primarily relied upon the document Ex. P.11, which is a certificate issued by the principal of the College in which Mahavir Singh Yadav was employed, to the effect that grades have been revised w. e. f. June 21, 1996 and that as per the revised, salary which would have been payable to Mahavir Singh Yadav would have been Rs.9040.00 per month. On that account Mr. P.11, which is a certificate issued by the principal of the College in which Mahavir Singh Yadav was employed, to the effect that grades have been revised w. e. f. June 21, 1996 and that as per the revised, salary which would have been payable to Mahavir Singh Yadav would have been Rs.9040.00 per month. On that account Mr. Goel has argued that the aforesaid revised pay should have taken into consideration, while making the assessment of compensation. The learned counsel further argues that the multiplier is also on the lower side. I find force in the arguments of the learned counsel. Mahavir Singh 6. Yadav had died in the accident on June 20, 1996. The revised grades had come into force w. e. f. June 21, 1996 i. e. the very next day after his death. In these circumstances, the revised grades payable w. e. f. June 21, 1996 were liable to be taken into consideration for assessing the compensation. It is not in dispute that as per the revised grades, Mahavir Singh Yadav deceased would have got a salary of Rs.9040.00 per month. Applying a cut of 1/3rd for his personal expenses, the dependency of the deceased can safely be assessed at Rs.6,000.00 per month. 7. Further since the deceased was 46 years of age then as per the second schedule appended to the Motor Vehicles Act, 1988 , a multiplier of 13 should have been applied. Consequently, the total compensation payable for the death of mahavir singh Yadav comes to Rs.9,36,000.00 . Additionally, Rs.5000.00 is awarded, as awarded by the learned Tribunal for loss of estate and consortium. The total compensation, thus payable to the claimants shall be Rs.9,41,000.00 . The said compensation shall be payable along with interest, as awarded by the learned tribunal. In these circumstances, the present appeal is allowed in the aforesaid terms.