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2009 DIGILAW 1042 (HP)

RADHA DEVI v. ANJALI KUMARI

2009-11-12

DEEPAK GUPTA

body2009
JUDGMENT Deepak Gupta, J.(Oral)-By means of this appeal, the appellant has sought enhancement of the compensation awarded to her by the Motor Accident Claims Tribunal-II, Solan in MAC Petition No. 48-S/2 of 2002 decided on 23.11.2004. 2. The undisputed facts are that the husband of the petitioner No.1 Ranjeet Singh alongwith their minor son Manjeet Singh was travelling in Maruti Van No. HP-01-2707 from Shimla to Darlaghat. This van was being driven by Shri Nalender Kumar, predecessor in interest of respondents No. 1 to 4. The Maruti van met with an accident and all the occupants died. The claimants i.e. the mother and widow of Ranjeet Singh filed two claim petitions, one in respect of the death of her husband and one in respect of death of her son. The claim with regard to her son has been settled in the Lok Adalat. The Tribunal in the present case has awarded a sum of Rs. 2,70,000/-. Aggrieved by the said award, the appellant has filed the present appeal. 3. It is not disputed that the deceased was a fruit vender and was selling fruit on the road side near Arya Smaj School, Lower Bazar, Shimla. The learned Motor Accident Claims Tribunal has assessed the income of the deceased at Rs.2500/- per month. Keeping in view the fact that the deceased was selling fruit in the middle of the market it would not be unreasonable to assess his daily income at Rs.150/- per day but keeping in view the fact that this business is seasonal in nature, it is taken to be Rs.100 per day and the monthly income is assessed at Rs.3000/- per month. Out of this the deceased must have been spending 1/3 for his own up keep and the dependency of the family works out to Rs.24,000/- per year. The deceased was aged 40 years and following the law laid down in Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 the appropriate multiplier would be 15. Applying the said multiplier the compensation payable on account of loss of dependency works out to Rs.3,60,000/-In addition thereto, the claimant is entitled to Rs.10,000/- as conventional damages and Rs.5,000/- for funeral expenses. The widow is also entitled to Rs.10,000/- on account of loss of consortium. Therefore, the total compensation payable is at Rs.3,85,000/-. The same is apportioned as follows:- 1. The widow is also entitled to Rs.10,000/- on account of loss of consortium. Therefore, the total compensation payable is at Rs.3,85,000/-. The same is apportioned as follows:- 1. Smt. Radha Devi (widow) Rs.2,85,000/- 2. Smt. Chinti Devi (mother) Rs.1,00,000/- 4. On the aforesaid amount, the claimants shall be entitled for interest @ 9% per annum from the date of filing of the petition i.e. 25.9.2002 till payment/deposit of the amount. 5. The appeal is allowed in the aforesaid terms and the award of the learned Motor Accident Claims Tribunal is modified and the compensation payable to the claimants is enhanced from Rs. 2,70,000/- to 3,85,000/-with interest as aforesaid. The Insurance Company is directed to deposit the enhanced amount in the Registry of this Court within 12 weeks from today. The appeal is disposed of accordingly. No order as to costs.