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Rajasthan High Court · body

2012 DIGILAW 1241 (RAJ)

Chandrakanta v. R. S. R. T. C.

2012-05-11

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been filed by the claimants aggrieved by the award passed by the Motor Accident Claims Tribunal, Jaipur District Jaipur dated 01.11.2011 for enhancement of amount of compensation. The Tribunal by the said award has awarded an amount of Rs.3,84,040 as compensation. 2. Counsel for the appellant has relied on the judgement of Supreme Court in Sarla Verma vs. Delhi Transport Corporation-(2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC) and submits that as per that judgement, the multiplier of 14 should have been applied instead of 13 and deduction of 1/5th towards self expenses should have been made instead of 1/4th as erroneously done by the Tribunal. 3. Counsel for the respondent has opposed the appeal and submits that the award is perfectly just and proper. 4. The deceased was accepted by Tribunal to be aged 45 years at the time of accident and there are seven dependents of the deceased. As per the judgement of Supreme Court in Sarla Verma, supra for the age group of 41-45 years, the multiplier of 14 was held applicable and simultaneously 1/5th deduction towards self expenses was held applicable where the number of dependents exceeds 6. 5. The award of compensation is thus recalculated. The monthly income of deceased being accepted at Rs.3,510, 1/5th therefrom is deducted towards self expenses and multiplier of 14 is applied to the sum so arrived. The amount for loss of dependency thus comes to Rs.4,71,750 (Rs.3510 - 1/5th = Rs.2808 x 14 x 12 = Rs.4,71,744). The amount awarded under other pecuniary heads is however maintained. The amount of compensation is thus enhanced from Rs.3,84,040 to Rs.4,90,750 (4,71,750 + 4000 + 5000 + 8000 + 2000). 6. The appellants shall be entitled to interest @ 7.5% per annum on the enhanced amount of compensation from the date of filing the claim petition. The appeal is accordingly allowed in part.