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2015 DIGILAW 1102 (HP)

Pawna Devi v. Raj Kumar

2015-08-14

MANSOOR AHMAD MIR

body2015
Judgment Mansoor Ahmad Mir, J. Challenge in this appeal is to the judgment and award dated 15.2.2008, made by the Motor Accident Claims Tribunal, Hamirpur in MAC Petition No. 91 of 2006, titled Smt. Pawna Devi and another versus Shri Raj Kumar and others, for short “the Tribunal”, whereby compensation to the tune of Rs.2,74,500/- with 9% interest per annum was awarded in favour of the claimants, hereinafter referred to as “the impugned award”, for short. 2. Insurer, owner and driver have not questioned the impugned award on any ground, thus, it has attained finality so far it relates to them. 3. The claimants have questioned the impugned award on the ground of adequacy of compensation. 4. Thus, the only question to be determined in this appeal is whether the amount awarded is adequate or otherwise? 5. The answer is in affirmative for the following reasons. 6. The income of the deceased as pleaded in the claim petition was Rs.10,000/- per month, which fact has remained un-rebutted. The Tribunal in para 14 of the impugned award held that the income of the deceased was not less then 4500/- per month. By a guess work, it can safely be held that the minimum income of the deceased at that point of time was not less than Rs.5000/- per month. The claimants are the parents of the deceased and the deceased was a bachelor. In terms of the Sarla Verma and others versus Delhi Transport Corporation and another reported in AIR 2009 SC 3104 and upheld in Reshma Kumari and others versus Madan Mohan and another, reported in 2013 AIR SCW 3120, 50% was to be deducted towards the personal expenses and 50% towards the loss of dependency. Thus, the loss of dependency is held to be Rs.2500/- per month. 7. The age of the deceased was 23 years at the time of the accident and in view of the Sarla verma read with Reshma Kumari’s case, supra, the multiplier of “15” was applicable. 8. Having said so, the claimants are entitled to Rs. 2500x12x15, total Rs.4,50,000/- alongwith interest @ 7.5 per annum from the date of the claim petition. The insurer is directed to deposit the amount in the Registry within six weeks from today. 9. 8. Having said so, the claimants are entitled to Rs. 2500x12x15, total Rs.4,50,000/- alongwith interest @ 7.5 per annum from the date of the claim petition. The insurer is directed to deposit the amount in the Registry within six weeks from today. 9. The Registry, on deposit of the amount is directed to release the amount in favour of the claimants, strictly, in terms of the conditions contained in the impugned award, through payee’s cheque account. 10. Send down the record, forthwith, after placing a copy of this judgment.