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2012 DIGILAW 1141 (RAJ)

Brahma v. Madan Singh

2012-05-07

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Claimants have preferred this appeal dissatisfied with quantum of compensation awarded by learned Motor Accident Claims Tribunal Kotputali, Camp Shahpura, vide award dated 12.12.1997 in MAC Case No.449/1993, whereby learned Tribunal awarded compensation of Rs.1,70,000/- to claimants in a death claim. 2. Twofold contentions have been raised by learned counsel for appellants in seeking enhancement of compensation. His first contention is that learned Tribunal has erred in law in making 1/3rd deduction for own expenses of deceased whereas this court in catena of judgments has held that wherever income is accepted on notional basis, deduction cannot be made out of that income for own expenses of deceased. This court in Mukti (Smt.) & Another vs. Shri Happu Singh & Others - MACD 2008(2) (Raj.) 669= 2009(1) CCR 350 (Raj.) = 2008(4) RLW 3556, which was passed relying on the judgment of the Supreme Court in Manju Devi and Another vs. Musafir Paswan and Another – 2005(1) TAC 609 (SC), has observed that payment of compensation to claimants shall be made on total annual notional income of Rs.15,000/- and no deduction shall be made for own expenses of deceased. His second contention is that as per judgment of Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), learned Tribunal should have applied multiplier of 18 at the admitted age of deceased instead of 17. 3. Learned counsel for respondents opposed the appeal and argued that judgment of the Supreme Court in Sarla Verma, supra, cannot be applied in old cases. His further contention is that deceased was a milk vendor and therefore learned Tribunal has rightly accepted notional income and rightly applied multiplier of 17. 4. On hearing learned counsel for the parties and perusing the record, I am of the view that even though the accident took place on 03.05.1991, the ratio of judgment of the Supreme Court in Sarla Verma, supra, would apply to this pending appeal regardless that judgment was delivered much after date of accident in present case. 5. In present case, learned Tribunal has erred in deducting 1/3rd for own expenses of deceased. Learned Tribunal has assessed notional income at Rs.15,000/-. 5. In present case, learned Tribunal has erred in deducting 1/3rd for own expenses of deceased. Learned Tribunal has assessed notional income at Rs.15,000/-. In view of judgment of Supreme Court in Sarla Verma, multiplier of 18 is applied instead of 17, looking to age of decea-sed who was 24 years of age at relevant point of time. Calculating thus, the compensation would come to Rs.2,70,000/- (15000x18). Award of Rs.50,000/- on non-pecuniary heads i.e. loss of consortium, loss of love and affection, mental agony and funeral expenses, is maintained. 6. Claimant-appellants are thus entitled to receive compensation of Rs.3,20,000/- (270000+50000) instead of Rs.2,20,000/-. Appellants would be entitled to interest at the rate of 6% per annum on enhanced amount of compensation from date of filing of claim petition till actual payment thereof. Appeal accordingly stands partly allowed.