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2009 DIGILAW 444 (RAJ)

Manoj Kumar v. Nanag Ram

2009-02-11

GUMAN SINGH

body2009
JUDGMENT 1. - Civil Misc. Appeal No. 748/1996 has been filed by dependents of Nanak Chand and Smt. Vimla Solanki for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jaipur District, Jaipur, in M.A.C.T. Case No. 1786/1992, vide Award dated 2.1.1996, whereby a sum of Rs. Seven lacs was awarded in Civil Misc. Appeal No. 694/1996 , while a sum of Rs. One lac sixty eight thousand was awarded in C.M.A. No. 740/96 , by way of compensation on account of the death of Nanak Chand and Smt.Vimla Solanki,respondents, who are parents of the appellants-claimants and the third appeal No. 748/96 has been filed by the dependents of Harish Kumar for enhancement of compensation arising out of the same accident and has been decided by the aforesaid award wherein a sum of Rs. 1,68,000/- was awarded by way of compensation. 2. The only challenge in the appeal pertains to quantum of compensation. 3. Learned counsel submits that the learned Tribunal has failed to award adequate compensation for the death of deceased in respective civil miscellaneous appeals and the same deserves to be enhanced in view of the II Schedule to the Motor Vehicles Act( for short 'the Act'), by adopting appropriate multiplier. 4. Per contra, learned counsel for the respondents , supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference.C.M.A. No. 694/1996 (Claim Case No. 1784/1992) 5. The learned counsel submitted that deceased Nanag Chand was a senior R.A.S. Officer and he died at the age of 49 and according to II Schedule of the Act, the multiplier of 13 deserves to be adopted instead of 9.4, adopted by the Tribunal. The learned counsel submitted that the Tribunal had found the monthly salary of the deceased to be Rs. 7,785/- but monthly loss of earning has been increased to Rs. 9,000/- in view of the future prospects of the deceased. In this regard, learned counsel for the respondent-Company submitted that the future prospect of the deceased is not required to be taken into consideration as the same is taken care of by the learned Tribunal while passing the impugned award and the interest amount fetches equivalent to the salary which the deceased was getting at the time of death. 6. In this regard, learned counsel for the respondent-Company submitted that the future prospect of the deceased is not required to be taken into consideration as the same is taken care of by the learned Tribunal while passing the impugned award and the interest amount fetches equivalent to the salary which the deceased was getting at the time of death. 6. In view of the above submissions, the multiplier adopted by the Tribunal deserves to be enhanced to 13, while the amount of salary is not required to be enhanced for future promotions as the amount so arrived at after computation can be equivalent to what the deceased was drawing at the time of death and without reducing the capital amount awarded. However, no amount for loss of love and affection has been awarded. Therefore, a sum, of Rs. 5,000/- for three dependents deserves to be awarded totalling to Rs. 15,000/-. Accordingly, the amount deserves to be computed as under:- " 7785 x 12 x 13 = 12,14,460/- minus ⅓rd for the self expenses of the deceased = 809640 + 15,000 for loss of love and affection + 28,000 (already awarded on other counts= 8,52,640/- minus 7,000,00/- (already awarded) = 1,52,640/- ." 7. Accordingly , the award passed by the learned Tribunal is partly modified to the extent that the appellants shall be entitled to get enhanced additional sum of Rs. 1,52,640/- with 6% interest p.a. from the date of appeal i.e. 30.4.1996 , with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . Rest of the terms and conditions of the Award shall remain unchanged.C.M.A. No. 774/1996 (CLAIM CASE No. 1785/1992) 8. In this case , the learned counsel for the appellant submitted that the deceased was a lady, who was 42 years of age at the time of accident , whose dependency was assessed to be Rs. 1400/- after deducting expenses for herself and multiplier of 10 has been adopted, whereas, multiplier of 15 is required to be adopted in view of the II Schedule to the Motor Vehicles Act. 9. In view of the above submissions, instead of 10, the multiplier adopted by the Tribunal deserves to be enhanced to 15. Accordingly, the amount deserves to be computed as under:- "1400 x 12 x 15 = 2,52,200 minus Rs. 9. In view of the above submissions, instead of 10, the multiplier adopted by the Tribunal deserves to be enhanced to 15. Accordingly, the amount deserves to be computed as under:- "1400 x 12 x 15 = 2,52,200 minus Rs. 1,68,000 (already awarded)= Rs. 84,000/-." 10. Accordingly , the award passed by the learned Tribunal is partly modified to the extent that the appellants shall be entitled to get enhanced additional sum of Rs. 84,000/- with 6% interest p.a. from the date of appeal i.e. 30.4.1996 , with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . Rest of the terms and conditions of the Award shall remain unchanged.C.M.A No. 748/1996 (Claim Case No. 1786/1992) 11. Learned counsel for the appellants submitted that the age of deceased Harish Kumar was 20 years at the time of his death and his income is assessed to be Rs. 1400/- after deducting ⅓rd as against his own expenses, the amount deserves to be computed under II Schedule to the Act, by adopting appropriate multiplier of 16 and the compensation can be computed as under:- " 1400 x 12 x 16 = 2,68,800 minus 1,68,000 (already awarded ) = 1,00,800/- (to be additionally awarded)." 12. Accordingly , the award passed by the learned Tribunal is partly modified to the extent that the appellants shall be entitled to get enhanced additional sum of Rs. 1,00,800/-(rupees one lac, eight hundred only), with 6% interest p.a. from the date of appeal i.e. 30.4.1996 , with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . Rest of the terms and conditions of the Award shall remain unchanged.All these three appeals stand disposed of in the manner indicated above.Appeals allowed. *******