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Himachal Pradesh High Court · body

2009 DIGILAW 875 (HP)

JAGIR SINGH v. G. M. HARYANA ROADWAYS

2009-10-15

DEEPAK GUPTA

body2009
JUDGMENT Deepak Gupta, J.(Oral)-This appeal is directed against the award of the learned Motor Accident Claims Tribunal, Kangra at Dharmshala, whereby he has awarded compensation of Rs.2,40,000/- in favour of the petitioners. 2. According to the claimants, the compensation is on the lower side and should be enhanced. As per the claimants, the deceased was working as a driver on a truck. In the claim petition, it was alleged that he was getting Rs.3,500/- per month. The learned Tribunal has assessed the income of the deceased at Rs.3,000/- per month. In fact, PW-4 Shri Anil, who is stated to be a co-driver of the deceased, has clearly stated that the deceased was getting Rs.3,000/- per month. This statement has not been supported by the owner of the vehicle or any other written documentary evidence. However, even if the income is taken as Rs.3,000/-per month the amount awarded is more than reasonable. The Apex Court in Sarla Verma vs. DTC 2009(6) SCALE 129 has clearly held that in case the deceased is unmarried, 50% of his income should be deducted for his personal expenses. In the present case, the deceased was working as a driver and obviously used to go alongwith the truck. The family members were not residing with him. There is no evidence worth the name to show that the minor brothers were dependent on him. It is true that the mother has stated that her husband i.e. the father of the deceased is not doing anything and stays at home but not much reliance can be placed on her statement. On the one hand she states that the deceased was 22 years old and on the other hand she states that the deceased was driving a truck for the last 9-10 years. This obviously shows that she is not telling the truth. In cross-examination she admitted that she herself has kept buffalos and sells the milk of buffalos. Therefore, the mother is also an earning hand. The deceased who was going with the truck would have been spending substantial amount of his income of his own up keep. 3. Taking into consideration all these factors the dependency of the family cannot be taken at more than 50% and therefore, even if the income of the deceased is assessed at Rs.3,000/- the dependency would not be more than Rs.1500 per month or Rs.18,000/- per year. 3. Taking into consideration all these factors the dependency of the family cannot be taken at more than 50% and therefore, even if the income of the deceased is assessed at Rs.3,000/- the dependency would not be more than Rs.1500 per month or Rs.18,000/- per year. The mother was aged 50 years as per her own statement. Keeping in view the age of the mother and the deceased the reasonable multiplier could at best be 13. Though the system adopted by the Tribunal may be wrong the award of 3 Rs.2,40,000/- in such circumstances is just and reasonable calling for no enhancement. 4. In view of the above discussion, I find no merit in the appeal and the same is accordingly dismissed.