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2014 DIGILAW 338 (TRI)

Nina Begam v. Babatosh Roy

2014-10-28

DEEPAK GUPTA

body2014
JUDGMENT Deepak Gupta, CJ. 1. This appeal for enhancement of compensation is directed against the award dated 11th December, 2006 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 324 of 2001 whereby the Tribunal has awarded a sum of Rs. 52,000/- only in favour of the claimant along with interest @ 6% per annum. 2. It is not disputed that the widowed mother of the claimant died in an accident involving truck bearing registration No. AS-25B-3822. This truck was owned by Sri Babatosh Roy and insured with the Oriental Insurance Company Ltd. 3. The claimant claimed that the deceased who was 60 years old was a day labourer earning Rs. 2,000/- per month. The learned Tribunal held that there was no documentary proof of income and took the income to be Rs. 1,500/- per month and applying the principles contained in Schedule-II of the Motor Vehicles Act, 1988 (for short, the Act) assessed the income at Rs. 15,000/- per year, applied a multiplier of 5, deducted 1/3rd i.e. Rs. 25,000/- and, therefore, awarded Rs. 50,000/- plus Rs. 2,000/- for funeral expenses i.e. a total sum of Rs. 52,000/-. 4. At the outset it may be mentioned that the original petition was not filed under Section 163A of the Act but under Section 166 of the Act. Furthermore, in terms of the judgment of the Apex Court in Sarla Verma (Smt.) and Others Vrs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 in a case where the claimant is aged between 61 to 65 years the multiplier require to be used was 7. As far as the income of the deceased is concerned I am of the considered view that even a house wife aged about 60 to 65 years would be contributing at least Rs. 2,000/- to the family. Therefore, the claim of the claimant that the deceased was earning Rs. 2,000/- was not an excessive claim and is accepted. 5. If the income of the deceased is taken at Rs. 2000/- and even 1/3rd is deducted for her personal expenses the dependency works out to Rs. 1340/- per month or Rs. 16,080/- per year. Applying the multiplier of 7 as provided in Sarla Verma's case the compensation works out to Rs. 1,12,560/-. In addition thereto the claimant is entitled to Rs. 10,000/- for funeral expenses and Rs. 2000/- and even 1/3rd is deducted for her personal expenses the dependency works out to Rs. 1340/- per month or Rs. 16,080/- per year. Applying the multiplier of 7 as provided in Sarla Verma's case the compensation works out to Rs. 1,12,560/-. In addition thereto the claimant is entitled to Rs. 10,000/- for funeral expenses and Rs. 10,000/- for loss to the estate which will make the compensation Rs. 1,32,560/- which is rounded off to Rs. 1,33000/-. 6. The award is accordingly enhanced from Rs. 52,000/- to Rs. 1,33,000/- i.e. by Rs. 81,000/-. The claimant is also entitled to interest on the enhanced sum of Rs. 81,000/- @ 9% per annum from the date of filing of the claim petition till deposit of the amount. The insurance company has already deposited the award of the learned Tribunal. The enhanced amount along with interest be deposited by the insurance company in the Registry of this Court within four months from today. 7. The appeal is disposed of in the aforesaid terms. No order as to costs. Send down the lower Court records forthwith.