JUDGMENT Mr. Justice J.P. Singh 1. Motor Accidents Claims Tribunal, Jammu awarded Rs. 4,19,052/- as compensation to the parents of Atul Kumar Dogra, who died while travelling in Tipper bearing registration No. 69209-98E of GREFF on 15.05.2001 vide its Award dated January 20, 2006. 2. Union on of India, and the driver of offending vehicle attached to 35 BRTF, GREFF, Puran Chand, have questioned the Award in Appeal. 3. Referring to Sarla Verma and others vs. Delhi Transport Corporation and others, reported as (2009) 6 SCC 121 , appellants learned counsel Mr. Ajay Sharma submitted that Award of the Tribunal was on higher side, in that, rather than deducting fifty percent of the amount, which the deceased would have ordinarily spent on him, and, in the event of his marriage, on his own family, had he survived the accident, the Tribunal had erred in deducting 1/3rd from the notional income of the deceased and the Award of the Tribunal, therefore, needed modification. 4. As against this, learned senior counsel appearing for the claimants justifies the compensation awarded to the Claimants urging that the deceased was a meritorious student and belonged to a very good family, the father of the deceased having remained MLA/MLC for fifteen years and his uncle served two times as Minister in the State Cabinet and in this view of the matter, the compensation awarded to the parents of the deceased may not warrant interference in Appeal. 5. Considered the submissions of learned counsel for the parties. Although, in case of death of bachelors and nonearning members, the ordinary rule is to take their notional income at Rs.3,000/- per month, yet keeping in view the Certificates placed on records, which indicate that the deceased was good at studies, and taking into consideration his family background and the status of the family to which he belonged, the notional income of the deceased taken at Rs.4,000/- by the Tribunal cannot be said to be unreasonable, but I find merit in the appellants learned counsel's submission that the deceased being bachelor, half of the amount taken as his notional earnings was required to be deducted to determine just and reasonable compensation for his death. 6.
6. Thus, taking his annual dependency at Rs.24,000/- rather than Rs.32,004/-, as assessed by the Tribunal, the dependency of the parents, on the income of the deceased would come to Rs.3,12,000/- adopting 13 as the Multiplier, in terms of the judgment referred to by the appellants learned counsel. With addition of Rs.15,000/- for loss of love and affection to the parents and Rs.15,000/- as funeral expenses, the total compensation payable to the claimants for the death of Atul Kumar Dogra would come to Rs.3,42,000/- to which the claimants would be entitled along with interest as allowed by the Tribunal. 7. For all what has been said above, this Appeal, therefore, succeeds and is, accordingly, allowed modifying Tribunal's Award dated January 20, 2006 as Award for an amount of Rs.3,42,000/- along with interest @7.5% per annum. 8. The claimants have already received Rs.3.00 lac during the pendency of the Appeal. Rest of the amount as payable to them in terms of the modified Award be released in their favour. Remaining amount shall be paid to appellant No.1 through Payees Account Cheque.