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Rajasthan High Court · body

2012 DIGILAW 1197 (RAJ)

Manager, R. S. R. T. C. v. Manju Devi

2012-05-09

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred by the appellant RSRTC against the order dated 1/9/2008 whereby, the Motor Accident Claims Tribunal, Kishangarh District Ajmer has awarded compensation of Rs.5,06,000/- to the claimant respondents in a death claim case. 2. Contention of the learned counsel for the appellant-RSRTC is that learned Tribunal erred in law while deducting 1/4th towards the own expenses of the deceased, whereas 1/3rd should have been deducted. 3. The argument is no longer available to the appellant 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) because in the present case, number of dependents were seven and instead of 1/4th, 1/5th should have been deducted towards the own expenses of the deceased. Besides that argument that Rs.3000/- per month accepted income of the deceased cannot be accepted because the incident took place in the year 2006, cannot be accepted because at that time, accepting income of the deceased, who was working as a Supervisor cannot be said to be excessive particularly when claimants asserted that deceased used to earn Rs.8000/- per month. The deceased was aged 30 years and it is on that basis, Tribunal has applied the multiplier of 17. 4. I do not find any infirmity in the impugned award so as to make any interference therein by this court. The appeal is accordingly dismissed.