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Rajasthan High Court · body

2012 DIGILAW 910 (RAJ)

Shaguftar Begam v. New India Assurance Co. Ltd.

2012-04-11

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred by claimants against award dated 16.05.2011 of learned Special Court of Communal Riots-cum-Motor Accidents Claim Tribunal, Jaipur, in Claim Case No.361/2008, thereby awarding a sum of Rs.6,63,000/- as compensation to appellants in a death claim. 2. Learned counsel for appellants has argued that since there were four claimants, who were dependent upon deceased and in view of judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), deduction of 1/4th instead of 1/3rd ought to have been made towards personal expenses of the deceased. 3. Learned counsel for respondent no.1 New India Assurance Company has opposed the appeal and submitted that if judgment in Sarla Verma, supra, is applied then multiplier is also required to be corrected in light of aforesaid judgment. The Supreme Court therein has held that in age group of 25-30, multiplier of 17 should be applied, whereas learned Tribunal has applied multiplier of 18. 4. In the light of aforesaid discussion, impugned award deserves to be modified. While applying multiplier of 17 and maintaining the award of compensation on all other non-pecuniary heads and deducting 1/4th, quantum of compensation is recalculated. Learned Tribunal has assessed annual income of deceased at Rs.54,000/-. After deducting 1/4th therefrom, annual dependency would come to Rs.40,500/- and applying multiplier of 17, loss of dependency would come to Rs.6,88,500/-. Accordingly claimants-appellants are held entitled to receive compensation of Rs.6,88,500/- instead of Rs.6,48,000/- for loss of dependency. The compensation on non-pecuniary heads is maintained. 5. Other directions of learned Tribunal with regard to scheme of investment and rate of interest etc. shall be followed. Appeal is accordingly disposed of.