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2012 DIGILAW 301 (RAJ)

Usha Devi v. Guru Pratap Singh

2012-02-06

NISHA GUPTA

body2012
GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement of award dated 12.5.2000 passed in MAC No. 24/1996 by which a sum of Rs. 1,92,000/- has been awarded to the appellants. 2. The claim petition was filed by the present appellants on the death of Shri Mukesh who died in a motor accident, which occurred on 7.9.1994. The deceased was son of the appellants Nos. 1 and 2 and brother of appellants No. 3 to 6. 3. The brief facts narrated in the claim petition are that on 7.10.1994, Mukesh was going on Truck No. CIT 8253 in the capacity of cleaner cum accountant. The truck was driven by the respondent No. 1 and due to his rash and negligent driving it met with an accident due to which Mukesh died. 4. The contention of the present appellants is that he was earning Rs. 2,000/- per month but the learned Tribunal has ascertained his notional income as Rs. 15000/- per annum and out of this a deduction of 1/3rd, i.e. Rs. 5000/- has been made. It has been submitted that according to the judgments of the Supreme Court, deduction of Rs. 5000/- should not have been made and he relied upon the decisions rendered in United India Insurance Co. Ltd. vs. Harminder Singh & Ors. (2005 RAR 429 (Raj.) and Kamlesh & Ors. vs. Rajasthan State Road Transport Corporation & Ors. (2006 RAR 137 (Raj.) = RLW 2005(3) Raj. 1654. Learned counsel has also relied upon the judgment delivered in the case of Manju Devi & Anr. vs. Musafir Paswan & Anr. (2005(1) TAC 609 (SC), wherein it has been held by their Lordships of the Supreme Court that in a case of death of body of 13 years of age, the yearly income should be taken as Rs. 15000/- per annum taking him as a non-earning member as per the Second Schedule and, therefore, the amount has not be deducted for his personal expenses. 5. Looking at the above legal position, the learned Tribunal has erred in deducting 1/3rd amount of income. 6. Hence, this appeal is allowed and it is ordered that the appellants are entitled to the compensation taking his notional income of the deceased as Rs. 15000/- per annum plus the multiplier of 15 as has been held by the Apex Court in the case of Manju Devi (Supra). 6. Hence, this appeal is allowed and it is ordered that the appellants are entitled to the compensation taking his notional income of the deceased as Rs. 15000/- per annum plus the multiplier of 15 as has been held by the Apex Court in the case of Manju Devi (Supra). Thus, the total amount of compensation comes to Rs. 15000 x 15 = 2,25,000/-. No compensation in any other head is admissible in view of the judgment in the case of Manju Devi (supra). Thus, the amount of award is increased by Rs. 2,25,000 - Rs. 1,98,000 = Rs. 27,000/-. The appellants are also entitled to get interest @ 7-1/2% on the enhanced amount from the date of filing appeal.