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2011 DIGILAW 2642 (RAJ)

Indira Devi v. Idan Singh

2011-12-01

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Only two grounds, which have been raised by the learned counsel for the appellants in assailing the award of the Motor Accident Claims Tribunal, Sikar seeking enhancement of compensation are that : (i) learned Tribunal ought not to have deducted 1/3rd 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) and 1/4th should have been deducted because number of dependents are four and that (ii) as per that judgment, deceased being a government servant i.e. Constable in 72 Battalion of Border Security Force at Dabla Janpath at Jaisalmer and his salary having been proved Rs.4692/- per month, in view of age of 32 years, 50% ought to be added for future prospects as compensation. 2. Learned counsel for the respondents has opposed the appeal submitting that there was no evidence that deceased had chances of getting increments or enhancement of pay etc. 3. Learned counsel for the appellants has rebutted this argument by submitting statement of AW1 Indira Devi-appellant No.1 wife of the deceased, who has proved this fact being unrebutted by the respondents. 4. Upon hearing learned counsel for the parties and perusing the award, I find that learned Tribunal certainly erred in law while making 1/3rd instead of 1/4th as dependents are four and not adding 50% for loss of future prospects in view of the fact that deceased was a government servant, as per the judgment of Sarla Verma supra. In the circumstances, the appeal deserves to be allowed in part on the aspect of deduction of 1/4th and adding of 50% income towards future prospects. 5. In the result, the appeal is partly allowed. The award dated 20/7/2004 passed by the Motor Accident Claims Tribunal, Sikar is modified thus:- (a) Rs.4692/- per month income of the deceased. (b) Rs.3519/- after deduction of 1/4th(4692-1173). (c) Rs.1759/- (50% of Rs.3519/-). (d) Rs.5278/- (3519+1759). (e) 5278x12x17= Rs.10,76,712/- (f) Rs.33,000/- awarded on all other non-pecuniary heads i.e. Rs.30,000/- in lump sum for 'loss of consortium', 'loss of love & affection', 'care in future to parents', 'pain & suffering' and Rs.2,000/- for funeral expenses, is maintained. Out of the awarded amount, Rs.1,000/- was also awarded towards 'litigation charges', which is also maintained. (g) Rs.11,09,712/- (10,76,712 +33,000). (h) Rs.11,09,712/- is thus computed. 6. Out of the awarded amount, Rs.1,000/- was also awarded towards 'litigation charges', which is also maintained. (g) Rs.11,09,712/- (10,76,712 +33,000). (h) Rs.11,09,712/- is thus computed. 6. The award amount of Rs.6,70,112/- is thus enhanced to Rs.11,09,712/-. The appellants are entitled to receive interest @7.5% on the enhanced amount of compensation of Rs.4,39,600/-(11,09,712-6,70,112) from the date of filing claim petition. Record be transmitted back to the Tribunal forthwith.