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2012 DIGILAW 385 (RAJ)

Nathi Devi v. Chhaju Singh

2012-02-09

NISHA GUPTA

body2012
GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 25.9.2000 passed in MAC No. 776/1995. 2. The brief facts of the case according to claim petition are that on 28.1.1995, at 7.00 a.m. in the morning, when Rudharam was going in a Truck No. RJ 14G 4471 with buffalos and when reached near Village Todi, Truck No. RJ 14G 493, being driven rashly and negligently, hit the truck No. RJ 14G 4471 and Rudharam died. 3. Heard learned counsel for the parties and perused the record, specially the impugned judgment and award. 4. The contention of the present appellants is that the learned Tribunal has not assessed the compensation in right perspective. The age of the deceased was 50 years at the time of accident and he was earning Rs. 10,000/- per month, whereas the learned Tribunal has assessed the income only at Rs. 4,000/- per month and much lesser multiplier has been applied. It as also stated that a meager amount of Rs. 10,000/- has been awarded for loss of love and affection and consortium for five dependents. 5. Taking note of he evidence, produced before the Tribunal, it has rightly calculated that the deceased was earning s. 4,000 per month. Earning of s. 10,000/- is not supported by any evidence and loss of dependency has been calculated on assessing income as Rs. 4,000/- per month. Looking to the number of dependents, Rs. 1110/- has been deducted from this amount and multiplier of 13 has rightly been applied. 6. Rs. 10,000/- have been awarded for funeral charges, loss of love and affection and consortium, but, looking to the number of dependents, it is deemed fit that each children should be given Rs.5,000/- for loss of love and affection and the wife should be given Rs. 10,000/- as consortium which comes to Rs. 30,000/- out of which Rs. 10,000/- have been awarded. Hence, the enhancement is of Rs.20,000/-. 7. In the result, the appeal is partly allowed and the amount o compensation is enhanced by Rs. 20,000/- along with interest @ 7½% on the enhanced amount from the date of filing appeal till the actual payment is made.