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Rajasthan High Court · body

2012 DIGILAW 862 (RAJ)

Sanjana Devi v. Abhinav Mudgal

2012-04-09

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Issue notice. Shri Jinesh Jain, learned counsel accepts on behalf of the respondents. 2. The only point that has been raised in assailing the award of the Motor Accident Claims Tribunal, Jaipur District, Jaipur dated 21.9.2011 is that the learned Tribunal erred in law in deducting 1/3rd towards the own expenses of the deceased on the assumption that he would have incurred the expenditure that much. As per the judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & An. (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), in the case of number of dependents four or more, 1/4th deductions should have been made towards the own expenses of the deceased, whereas in the instant case, 1/3rd deductions have been made. 3. Learned counsel for the respondents has opposed the appeal but could not rebut the ratio of the aforesaid judgment of Supreme Court in Sarla Verma supra. 4. Upon hearing learned counsel for the parties and perusing the award, I find that the award of the Tribunal is liable to be modified on the aspect of deduction of 1/4th. 5. In the result, the appeal is partly allowed. The award of the Motor Accident Claims Tribunal, Jaipur District, Jaipur dated 21/9/2011 is modified in terms that instead of deductions of 1/3rd, towards the own expenses of the deceased, 1/4th deductions is made applying the multiplier of 15 at the age of 40 years. However, the award on all other non-pecuniary heads is maintained. The amount of compensation is computed, thus:- (a) Rs.3510/- p.m. accepted income. (b) Rs.2633/- (1/4th deduction) 3510-877 (c) 2633x12x15 = 4,73,940/- (d) Award of Rs.13,000/- on all other non-pecuniary heads is maintained. (e) 4,73,940/- + Rs.13,000/- = Rs.4,86,940/- (f) The original award of Rs.4,34,200/- is enhanced to Rs.4,86,940/- . (g) The claimant-appellants shall be entitled to interest @7.5% on the enhanced amount of compensation of Rs.52,740/- from the date of filing claim petition.