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2012 DIGILAW 1037 (RAJ)

Kanta v. Avatar Singh Chawla

2012-04-23

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred by the appellants seeking enhancement of compensation of Rs.1,95,960/- that was awarded by the Motor Accident Claims Tribunal, Sawai Madhopur vide award dated 26/7/1996. 2. Learned counsel for the appellants has made three fold arguments. His first argument is that there are five dependents, hence deductions should be confined only to 1/4th, 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), whereas the learned Tribunal erred in law while deducting 1/3rd contrary to that judgment. His second contention is that multiplier of 16 instead of 13 at the age of 35 years should have been adopted. His third contention is that nothing has been awarded under the head of “loss of consortium”. 3. Learned counsel for the respondents has opposed the appeal and submitted that the judgment of Supreme Court in Sarla Verma supra cannot be applied to the present case in which the accident took place on 5/5/1992, which was even before insertion of the amendment in the Act. Deduction of 1/3rd has rightly been made and multiplier of 13 has rightly been applied because deceased was 34 years of age. 4. Upon hearing learned counsel for the parties and perusing the impugned-award, I find that there are indeed five dependents because deceased was survived by widow and four minor children. Thus, deduction of 1/4th is justified as per the judgment of Supreme Court in Sarla Verma supra. Multiplier of 13 at the accepted age of 35 years also cannot be justified according to that very judgment of Sarla Verma supra and instead 13, multiplier of 16 should be applied. Although, learned Tribunal has awarded Rs.15,000/- for loss of love and affection but nothing has been awarded under the head of 'loss of consortium' and under this head, Rs.10,000/- should be awarded. The award of the Tribunal thus is liable to be modified. 5. In the result, the appeal is allowed in part. The award of the Motor Accident Claims Tribunal, Sawai Madhopur dated 26/7/1996 is modified, thus:- (a) Rs.1755/- p.m. accepted income. (b) Rs.1315/- {1/4th deduction} 1755-440 (round figure) (c) 1315x12x16 = 2,52,480/- (d) Rs.10,000/- is awarded towards “loss of consortium”. (e) Rs.15,000/- awarded by the Tribunal under the head of “loss of love and affection” is maintained. The award of the Motor Accident Claims Tribunal, Sawai Madhopur dated 26/7/1996 is modified, thus:- (a) Rs.1755/- p.m. accepted income. (b) Rs.1315/- {1/4th deduction} 1755-440 (round figure) (c) 1315x12x16 = 2,52,480/- (d) Rs.10,000/- is awarded towards “loss of consortium”. (e) Rs.15,000/- awarded by the Tribunal under the head of “loss of love and affection” is maintained. (f) 2,52,480 + 10,000 + 15,000 = 2,77,480. (g) Award of Rs.1,95,960/- is enhanced to Rs.2,77,480/-. (h) The claimant-appellants shall be entitled to interest @6% on the enhanced amount of compensation of Rs.81,520/- (2,77,480-1,95,960) from the date of filing claim petition.