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2015 DIGILAW 1797 (HP)

Shakuntla Devi v. Lime Chemical Factory

2015-12-04

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 2.1.2009, made by the Motor Accident Claims Tribunal-II Sirmaur District at Nahan, H.P. in MAC Petition No. 34-N/2 of 2007, titled Smt. Shakuntla Devi and another versus M/s Lilme chemical Factory and others, for short “the Tribunal”, whereby compensation to the tune of Rs.1,42,000/- alongwith interest @ 7.5% per annum was awarded in favour of the claimants, hereinafter referred to as “the impugned award”, for short. 2. Owner, insurer and insured 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. Heard. Perused. 5. The amount awarded is meager for the following reasons. 6. The record do disclose that the claimant No.1 was 50 years of age and claimant No.2 was roughly 55 years of age at the time of accident which is not in dispute. In view of the 2nd Schedule of the Motor Vehicles Act, for short “the Act, read with 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, the multiplier applicable was “11” which was rightly applied by the Tribunal. 7. It is pleaded by the claimants that the deceased was earning Rs.5000/- per month. It can be safely held that the income of the deceased was Rs.4500/- per month while treating him as a labourer and 50% was to be deducted towards his personal expenses, keeping in view Sarla Verma and Reshma Kumaris’ cases supra. Thus, it can be safely held that the claimants have lost source of dependency to the tune of Rs.2250/- per month. 8. Having said so, the claimants are entitled to Rs.2250x12x11= Rs.2,97,000/-. 9. The insurer is directed to deposit the enhanced amount with 7.5% interest from today, within six weeks. On deposit, the same be released to the claimants, strictly, in terms of the conditions contained in the impugned award. 10. Accordingly, the appeal is disposed of. The impugned award is modified, as indicated above. 11. Send down the record, forthwith, after placing a copy of this judgment.