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2011 DIGILAW 2742 (RAJ)

Surjit Kaur v. Jai Singh

2011-12-13

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Counsel for appellants submits there is no breach of condition of the policy as the insurance company has been held liable to indemnify the owner for making payment of compensa-tion. Hence, service on respondent No.2 may be dispensed with. 2. Service on respondent No.2 is dispensed with at the risk and consequence of the appellants. 3. Learned counsel for the appellants has made two fold arguments in support of the appeal while assailing the award dated 25.5.2000 passed by the Motor Accident Claims Tribunal Jaipur City, Jaipur. His first argument is that since the deceased was aged 35 years, multiplier of 16 should have been applied, whereas the learned Tribunal has applied the multiplier of 15 and his second argument is that 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), there being four claimants, 1/4th should have been deducted towards the own expenses of the deceased, whereas the learned Tribunal erred in law while deducting 1/3rd. 4. Learned counsel for the respondent-Insurance Company has opposed the appeal however in support of his argument has placed reliance upon the judgment of Supreme Court in Sarla Verma supra. 5. Upon hearing learned counsel for the parties and perusing the award, I find that as per the judgment of Supreme Court in Sarla Verma supra, for the age group of 31-35 years, multiplier of 16 should have been applied and similarly there being four claimants, 1/4th should have been deducted towards the self expenses of the deceased. Compensation however on all other non-pecuniary heads deserves to be maintained. 6. In the result, the appeal is partly allowed. Award passed by the Motor Accident Claims Tribunal Jaipur City, Jaipur dated 25/5/2000 is modified in the following terms:- (a) Rs.4,000/- per month accepted income. (b) Rs.3,000/- (1/4th deduction). (c) 3000x12 = Rs.36,000/- annual income (d) 36000x16= Rs.5,76,000/- (multiplier of 16) (e) Rs.40,000/- awarded by the Tribunal for 'loss of consortium' & 'love & affection' is maintained. (f) Rs.2,000/- awarded by the Tribunal for 'funeral expenses' is maintained. (g) Rs.5,76,000/- + Rs.42,000/- = Rs.6,18,000/-. 7. The compensation of Rs.5,22,000/- is thus enhanced to Rs.6,18,000/-. The appellants shall be entitled to interest @7.5% on the enhanced amount of compensation from the date of filing claim peti-tion. (f) Rs.2,000/- awarded by the Tribunal for 'funeral expenses' is maintained. (g) Rs.5,76,000/- + Rs.42,000/- = Rs.6,18,000/-. 7. The compensation of Rs.5,22,000/- is thus enhanced to Rs.6,18,000/-. The appellants shall be entitled to interest @7.5% on the enhanced amount of compensation from the date of filing claim peti-tion. Record, if received, be transmitted back to the Tribunal forthwith.