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Madhya Pradesh High Court · body

2014 DIGILAW 1273 (MP)

Senior General Manager v. Ram Kumari Patel

2014-10-07

J.K.MAHESHWARI

body2014
JUDGMENT 1.Being aggrieved by the award dated 13.10.2013 passed by the Additional Motor Accident Claims Tribunal, Jabalpur, in Motor Vehicle Case No. 309/2011 granting compensation to the legal heirs of deceased Durgaprasad Patel to the tune of Rs. 13,68,339/- along with interest, this appeal has been preferred by the owner of the vehicle. 2. After perusal of the record of the case it is not in dispute that Durgaprasad died in a road accident who was in the employment. However, accepting his earning Rs. 4,04,040/- and deducting 10% income tax, applying the multiplier of 2, looking to the remaining service and thereafter deducting 50% and applying the multiplier of 7, the compensation has been calculated after deducting 1/4th. 3. Learned counsel for the appellant has strenuously argued that the compensation as awarded by the Claims Tribunal is on higher side because the amount which may be received by the family of the deceased by way of family pension has not been deducted while calculating the loss of dependency. In that view of the matter, the compensation as awardaed is on higher side which may be reduced. 4. After hearing learned counsel appearing on behalf of both the parties and on perusal of the facts of this case, looking to the earning of the deceased, the compensation as awarded by the Claims Tribunal is adequate, which do not warrant any interference in this appeal. It is to be observed here that the amount which can be received to the family of the deceased by way of family pension cannot be deducted while calculating the loss of dependency. However, the argument as advanced by learned counsel for the appellant is of no substance. In view of the foregoing, this appeal stands dismissed at admission stage.