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Rajasthan High Court · body

2010 DIGILAW 320 (RAJ)

Budh Ram v. MohdAli

2010-02-08

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.10,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount. 2. The accident dated 18th December, 1976 resulted in the death of Ram Swarup. The deceased was survived by his parents who filed the claim petition before the learned Tribunal. 3. The deceased was aged 18 years at the time of the accident and was working as a trainee in Steel Man Industries at a stipend of Rs.135/- per month. 4. The learned Tribunal added 50% towards future prospects, deducted 50% towards personal expenses of he deceased and applied the multiplier of 6 to compute the loss of dependency at Rs.7,290/-. Rs.2,000/- has been awarded towards funeral expenses and Rs.710/- has been further added. The total compensation awarded is Rs.10,000/-. 5. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) The income of the deceased be enhanced. (ii) The personal expenses of the deceased be reduced. (iii) The multiplier be enhanced. (iv) The compensation be awarded for loss of love and affection and loss of estate. 6. The income of the deceased has been taken to be Rs.135/- per month according to the pleadings and evidence on record. The learned Tribunal has also taken future prospects into consideration. The income taken by the learned Tribunal is, therefore, upheld. 7. The learned Tribunal has deducted 50% towards personal expenses of the deceased considering that the deceased has left behind his parents. The deduction of 50% is in accordance with the principles laid down by the Hon’ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation, 2009(6) Scale 129 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC) and is upheld. 8. The learned Tribunal has applied the multiplier of 6 considering the age of the mother to be 65 years at the time of the accident. The appropriate multiplier at the age of 65 years according to the judgment of Hon’ble Supreme Court in the case of Sarla Verma (supra) is 5. However, considering that this is an old case, the multiplier is not being interfered with. 9. The learned Tribunal has not awarded any compensation for loss of love and affection and loss of estate. The appropriate multiplier at the age of 65 years according to the judgment of Hon’ble Supreme Court in the case of Sarla Verma (supra) is 5. However, considering that this is an old case, the multiplier is not being interfered with. 9. The learned Tribunal has not awarded any compensation for loss of love and affection and loss of estate. However, after computing the compensation at Rs.9,290/-, the learned Tribunal has added Rs.710/- which shall be treated to be towards loss of love and affection and loss of estate. 10. The amount awarded by the learned Tribunal is just, fair and reasonable and does not call for any interference. 11. The appeal is accordingly dismissed.