JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 20.5.2011, made by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, H.P. in MAC Petition No.12/2010, titled Shri Ajay Kumar and others versus National Insurance Co. Ltd and others, for short “the Tribunal”, whereby the compensation to the tune of Rs.37,12,964/- along with interest @ 7.5% per annum, came to be awarded in favour of the claimants and insurer was saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. Claimants, driver and owner have not questioned the impugned award on any ground. Thus, the same has attained the finality so far as it relates to them. 3. The insurer/appellant has questioned the impugned award on the ground of adequacy of the compensation, on the grounds taken in the memo of appeal. 4. The learned counsel for the appellant argued that the insurer has sought permission in terms of Section 170 of the Motor Vehicles Act, for short “the Act” and the appellant is within its right to question the impugned award. 5. Thus, the only question to be determined in this appeal is whether the amount awarded award is adequate or otherwise. 6. The claimants being the victims of a vehicular accident, had filed claim petition before the Tribunal for the grant of compensation on account death of Maan Singh in a motor vehicle, caused by Gagan Singh while driving vehicle No. HP-44-1531 (Pick-up) in a rash and negligent manner on 13.1.2010 at about 9.50 A.M. near bus stand Bhanjararu. The deceased was working in National Hydro Power Corporation (NHPC), at Tissa Colony and drawing salary to the tune of Rs.44,132/- per month. The total income of the deceased comes to Rs.5,29,584/- per annum. The tax deducted on the said income comes to Rs.25,999/- Thus, the net income of the deceased comes to Rs.5,03,585/- per annum. 7. The claimants have specifically pleaded that the deceased was 53 years of age at the time of accident but the Tribunal has fallen into an error in recording the age of the deceased as 52 years.
The tax deducted on the said income comes to Rs.25,999/- Thus, the net income of the deceased comes to Rs.5,03,585/- per annum. 7. The claimants have specifically pleaded that the deceased was 53 years of age at the time of accident but the Tribunal has fallen into an error in recording the age of the deceased as 52 years. The Tribunal has also fallen into an error in applying the multiplier of “11” where as the multiplier applicable is “9”, in view of the 2nd Schedule of 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. 8. The Tribunal has fallen into an error in deducting 1/3rd, towards personal expenses of the deceased. The claimants are five in number and 1/4th was to be deducted in view of the para 30 of the judgment delivered in Sarla Verma, supra. It is apt to reproduce para 30 of Sarla Verma’s judgment herein: “30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardized deductions. Having considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependant family members is 4 to 6, and one-fifth (1/5th) where the number of dependant family members exceed six.” 9. Thus, after deducting 1/4th, the claimants lost source of dependency to the tune of Rs.3,77,689/-, rounded off Rs.3,78,000/- per annum. 10. Accordingly, the claimants are entitled to compensation to the tune of Rs.3,78,000/-x9= Rs.34,02,000/-. 11. The claimants are also entitled to compensation under the four heads as under: (i) Loss of love and affection: Rs.10,000/- (ii) Loss of estate: Rs.10,000/- (iii) Funeral expenses: Rs.10,000/- (iv) Loss of consortium: Rs.10,000/- Total Rs.40,000/- 12. Having said so, the total compensation awarded in favour of the claimants comes to Rs.34,02,000/-+Rs.40,000/- =Rs.34,42,000/-, alongwith interest @ 7.5% per annum from the date of claim petition till its realization. 13.
Having said so, the total compensation awarded in favour of the claimants comes to Rs.34,02,000/-+Rs.40,000/- =Rs.34,42,000/-, alongwith interest @ 7.5% per annum from the date of claim petition till its realization. 13. Learned counsel for respondent No. 7 stated that respondent No. 5 has died during the pendency of the appeal. Thus, the amount of compensation is payable in favour of four claimants in equal shares. 14. Viewed thus, the impugned award is modified, as indicated hereinabove. 15. The Registry is directed to release the awarded amount in favour of the claimants, through payees’ cheque account or by depositing the same their bank accounts and excess amount, if any be released to the appellant. 16. Send down the record, forthwith, after placing a copy of this judgment. 17. Registry is directed to send intimation of this judgment to the claimants through the District Judge, Chamba, H.P.