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2014 DIGILAW 543 (PNJ)

Kamla Devi v. Aggarwal Daal Udyog

2014-03-13

JITENDRA CHAUHAN

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JUDGMENT Jitendra Chauhan, J. 1. The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation awarded by the Learned Motor Accident Claims Tribunal, Rohtak (the Tribunal, for brevity) against the impugned award dated 14.08.1999, on account of the death of Vijay Pal Singh, in a motor vehicular accident, which took place on 22.05.1998. The learned counsel for the appellants submits that the deceased was 48 years of age at the time of the accident. He was working as Head Constable with Haryana Police and as per salary slip Ex.P-7, he was drawing monthly salary at Rs. 7,273/-. But the learned Tribunal has assessed the dependency of the deceased at Rs. 4,500/- per month, which is on the lower side. 2. Learned counsel for the appellants further argued that the learned Tribunal has wrongly applied the multiplier of 10 instead of 13. He further argued that the learned Tribunal has wrongly deducted 1/3rd instead of 1/4th on account of his personal expenses, keeping in view the number of dependents six i.e. 4 minor daughters, widow and mother of the deceased. 3. The learned counsel for the appellants lastly argued that no compensation has been awarded towards future prospects, loss of consortium and loss of love and affection, care and guidance to the children and funeral expenses. 4. On the other hand, the learned counsel for the respondent-Insurance Company has vehemently argued that the amount of compensation awarded by the learned Tribunal is just and appropriate and does not call for any interference. 5. I have heard the learned counsel for the parties and perused the record. 6. From the perusal of the record, it is made out that the deceased Vijay Pal Singh, was 48 years of age at the time of his death and was working as Head Constable with the Haryana Police. The Ld. Tribunal has wrongly deducted l/3rd instead of 1/4th on account of personal expenses. As per judgment rendered in Smt. Sarla Verma and Others vs. Delhi Transport Corporation and Another, 2009 (3) RCR (Civil) 77, the cut applied on account of personal expenses is also decreased from 1/3rd to 1/4th in view of the number of dependents i.e. Six. 7. It has been further observed that the Tribunal has wrongly applied the multiplier of 10 and it should have been 13. Ordered accordingly. 7. It has been further observed that the Tribunal has wrongly applied the multiplier of 10 and it should have been 13. Ordered accordingly. As per judgment rendered by the Hon'ble Supreme Court, in Sarla Verma and Others vs. Delhi Transport Corporation and Another, 2009 (6), SCC 121, an increase of 30% is allowed Towards promotional prospects if the deceased was a Government employee. Therefore, a notional addition of 30% (Rs. 1,350/-) on account of future prospects is made and the monthly income of the deceased would come to Rs. 5,850/-. If the above considerations are taken into account, the compensation towards dependency would come to Rs. 5,850/- X 12 X 13 X 3/4 = Rs. 6,84,450/-. The Tribunal has already awarded compensation amounting to Rs. 5,40,000/-. Thus, the balance amount on account of dependency payable would come to Rs. 1,44,450/-. Similarly, in view of the judgment rendered by the Hon'ble Supreme Court in Vimal Kanwar and Others vs. Kishore Dan and Others, 2013 (3) Recent Apex Judgments (R.A.J.) 446: 2013 (2) R.C.R. (Civil) 945: 2013 (3) PLR 776, this Court enhances the following compensation, which would meet the ends of justice: Ordered accordingly. In view of the above, the claimants-appellants are entitled to the enhanced compensation of Rs. 4,54,450/- [Rs. 1,44,450/- (loss of dependency) + Rs. 3,10,000/- (under conventional heads)], over and above, the amount already awarded by the learned Tribunal, which shall be payable to the claimants-appellants, in the manner indicated in the impugned award, within a period of 45 days from the date of the receipt of the certified copy of this judgment, failing which, the appellants shall also be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal, till its realization. With the aforesaid modification in the impugned award, the present appeal is partly allowed. Appeal allowed.