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Rajasthan High Court · body

2008 DIGILAW 2180 (RAJ)

Mumman v. Sharvan Lal

2008-09-16

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—This appeal has been preferred by the dependents of the deceased Smt.Zarina for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Hindauncity, Distt. Sawaimadhopur vide order dated 9.2.1996 whereby a sum of Rs.94,000/-was awarded by way of compensation for the death of deceased caused in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation and it has assessed the loss of income of deceased to be Rs.700/- per month and after deducting 1/3rd amount as against own expenses, compensation has been computed on the basis of Rs.200/- per month. In fact the deduction made is excessive and it should be Rs.200/- as against own expenses and compensation deserves to be computed on the basis of remaining amount of Rs.500/-. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased Smt. Aimana was earning Rs.700/- per month but Rs.500/- has been deducted as against own expenses, as such, deduction is excessive and out of Rs.700/-, only Rs.200/- deserves to be deducted as against own expenses and amount of compensation deserves to be enhanced. That apart, six children deserves to be awarded compensation of Rs.5000/- each amounting to total sum of RS.30,000/- for loss of love and affection. Thus the amount of compensation can be computed as under: 500 x 12 x 17 (multiplier) = 1,02,000 - (minus) 72,000 (already awarded) = 30,000/- (to be additionally awarded). 6. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, total amount of compensation deserves to be enhanced by additional amount of Rs.30000/- from the date of appeal i.e. 8.5.96, with 6% interest to be paid within three months.