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Rajasthan High Court · body

2012 DIGILAW 1034 (RAJ)

Prem Devi v. Jodhana Travels

2012-04-23

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been field by the claimant appellants Smt.Prem Devi and four others assailing the quantum of compensation of Rs.4,37,000/- that was awarded by the Motor Accident Claims Tribunal, Jaipur City, Jaipur vide award dated 11/8/1999. 2. Contention of the learned counsel for the appellants in assailing quantum of compensation is that in view of 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), 1/4th deductions towards the own expenses of the deceased should be made instead of 1/3rd being number of the dependents are five. Learned Tribunal has also not awarded interest on the awarded amount of compensation. It has only directed that in case the compensation is not paid within 45 days, the interest @12% p.a. shall be payable on the compensation. Although, requirement of law is that claimants must be paid interest on the awarded compensation from the date of filing claim petition. 3. Learned counsel for the respondents have opposed the appeal and argued that learned Tribunal has wrongly applied the multiplier of 17 because age of the deceased was 35 years and as per the judgment of Supreme Court in Sarla Verma supra, multiplier of 16 should have been applied for the age group of 31-35 years. 4. Upon hearing learned counsel for the parties and perusing the material available on record, I find that the Tribunal has erred in law while deducting 1/3rd towards the self expenses of the deceased because number of dependents are five and 1/4th should have been deducted. Learned Tribunal further erred in law while adopting the multiplier of 17, which should be 16 in view of judgment in Sarla Verma because age of the deceased was 35 years. Learned Tribunal has further erred in law while not awarding interest on the compensation awarded to the claimants. The claimants shall be entitled to interest on the awarded amount of compensation @9% p.a. from the date of filing claim petition and interest @6% p.a. on the enhanced amount of compensation. 5. In the result, the appeal is partly allowed. Learned Tribunal has further erred in law while not awarding interest on the compensation awarded to the claimants. The claimants shall be entitled to interest on the awarded amount of compensation @9% p.a. from the date of filing claim petition and interest @6% p.a. on the enhanced amount of compensation. 5. In the result, the appeal is partly allowed. The award of the Motor Accident Claims Tribunal, Jaipur City, Jaipur dated 11/8/1999 is modified to the extent of making 1/4th deductions instead of 1/3rd, adopting multiplier of 16 instead of 17 and interest @9% p.a. on the awarded amount of compensation from the date of filing claim petition and interest @6% p.a. on the enhanced amount of compensation. However, the award is maintained on other pecuniary and non-pecuniary heads. The amount of compensation is computed, thus:- (a) Rs.40,000/- annual income (b) Rs.10,000/- 1/4th deductions towards the own expenses of the deceased (c) Rs.30,000/- after deducting 1/4th (d) 30,000 x 16 = 4,80,000. (e) Award of Rs.10,000/- awarded by the Tribunal on all other pecuniary heads is maintained. (f) 4,80,000/- + 10,000/- = 4,90,000/- (g) The original award of Rs.4,37,000/- is enhanced to Rs.4,90,000/-. (h) The claimants shall be entitled to interest on the awarded amount of compensation of Rs.4,37,000/- @9% p.a. from the date of filing claim petition. (i) The claimant-appellants shall be entitled to interest @6% on the enhanced amount of compensation of Rs.53,000/- (4,90,000-4,37,000) from the date of filing claim petition.