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2014 DIGILAW 710 (RAJ)

Vimla v. United India Insurance Co. Ltd.

2014-03-13

NISHA GUPTA

body2014
JUDGMENT 1. - This appeal Under Section 173 of the Motor Vehicles Act, 1988 against the judgment /award dated 10.12.2008 passed by Judge, MACT, Dholpur in Claim Case No. 112/2008 has been filed for enhancement of compensation. 2. The short facts of the case are that husband of claimant who was a labourer had died due to the accident occurred on 10.1.2008 due to rash and negligent driving of the respondent. The deceased sustained injuries and died hence claim petition has been filed. The court below has awarded a meager amount by assessing his income only Rs. 2,000/- hence his income could be assessed by prevailing minimum wages, looking to the number of dependents only 1 /4 income should be deducted as personal expenses, compensation should be enhanced properly.Per contra, the contention of the respondents is that looking to the age of the deceased appropriate multiplier is 15 whereas the court below has applied the multiplier of 16. 3. Heard the learned counsel for the appellants and perused the impugned award. 4. The contention of the claimants was that the deceased was a labourer but no documentary evidence has been produced and the court below has assessed the income only Rs. 2,000/-. The income of the deceased be assessed as 2500/- per month taking note of the minimum wages prevalent at the relevant time. Admittedly, the deceased was having 5 dependents hence deduction towards personal expenses should be 1/ 4 and the court below has erred in deducting ⅓ as personal expenses. 5. The court below has applied the multiplier of 16, admittedly the age of deceased has been ascertained as 35-40 years, and looking to the law laid down in Sarla Verma (Smt.) & ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 , for age group of 35-40 years, the proper multiplier is 15. 6. In view of the above, the appeal is partly allowed. The claimant- appellants will get Rs. 2500 x 12 x 15 1/4 = 3,37,500-2,56,000 (already awarded by the Tribunal) 81,500/- in the head loss of earning. The compensation on other head is confirmed. The enhanced amount shall be paid to the appellants by the Insurance Company within a period of two months from today alongwith 6% interest from the date of filing appeal.Appeal Partly allowed. *******