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2011 DIGILAW 2586 (RAJ)

Deepika Gurjar v. Arvind Singh

2011-11-25

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been preferred by the claimant-appellant dissatisfied with the quantum of compensation of Rs.5,59,000/- that was awarded by the learned Motor Accident Claims Tribunal, Ajmer vide award dated 7.5.2010 with the prayer to enhance the same. 2. Contention of the learned counsel for the appellant is that the learned Tribunal erred in law while deducting 1/3rd towards the self expenses of the deceased, whereas as per the judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & Another : (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC) in the event of number of dependents being four to six, only 1/4th amount should be deducted towards self expenses of the deceased in view of dependents being four in number. Further, as per Second Schedule of the Motor Vehicles Act, 1988, multiplier of 17 at the age of 33 years should be applied, whereas multiplier of 16 has wrongly been applied by the learned Tribunal. Appeal therefore be allowed. 3. Learned counsel for the respondents have opposed the appeal and argued that learned Tribunal has rightly applied the multiplier of 16 in the age group of 31-35 years as prescribed in the Second Schedule of the Act of 1988 and therefore the appeal be dismissed. 4. Upon hearing learned counsel for the parties and perusing the impugned award, I find that the learned Tribunal rightly applied the multiplier of 16 in the group of 31-35 years as per the Second Schedule of the Act of 1988 as, age of the deceased at the relevant was 33 years. Though learned Tribunal wrongly deducted 1/3rd in view of dependency of the deceased being four in number and hence, as per the judgment of Supreme Court in Sarla Verma supra, 1/4th should have been deducted towards the self expenses of the deceased. 5. In the result, the appeal is partly allowed. The award of the Motor Accident Claims Tribunal, Ajmer dated 7.5.2010 is modified to the extent that instead of 1/3rd deduction of Rs.2666/- assessing the monthly income of the deceased at Rs.4,000/-, 1/4th is deducted i.e. Rs.1,000/- per month computing thus : 3000x16x12 = 5,76,000/-. However, the award on all other non-pecuniary heads is maintained. Computing thus : 5,76,000 + 40,000 + 5,000 + 2,000 = 6,23,000, the amount of compensation of Rs.5,59,000/- is enhanced to Rs.6,23,000/-. However, the award on all other non-pecuniary heads is maintained. Computing thus : 5,76,000 + 40,000 + 5,000 + 2,000 = 6,23,000, the amount of compensation of Rs.5,59,000/- is enhanced to Rs.6,23,000/-. The appellants are entitled to receive interest on the enhanced amount of compensation of Rs.64,000/- @7.5% p.a. from the date of filing claim petition.