JUDGMENT : Veerendr Singh Siradhana, J. Having regard to the fact that the controversy raised herein stands resolved by the adjudication made by the Hon'ble Supreme Court, the matter was taken up for final disposal, with the consent of the learned counsel for the parties, at this stage. 2. Complaining of deficiency in the award of compensation made by the Motor Accident Claims Tribunal, Baran (Raj.); the claimants/appellants have instituted the present appeal for enhancement of award dated 16th July, 2009. 3. Briefly, the essentail skeletal material facts necessary for appreciation of the controversy and adjudication are that the claimant appellants instituted a claim petition claiming compensation for death of Daulat Ram @ Bablu Meena, in a road accident that occurred on 19th February, 2007 at 9-10 PM, near Baroni Road, Baran-Atru Road. It is pleaded case of the appellants that the offending vehicle Jeep bearing registration No. RJ-28-T-0226, was driven in a negligent and rash manner by the driver. As a consequence of accident, deceased Daulat Ram @ Bablu Meena, sustained severe injuries, leading to his death, whereas another injured Sanjay also suffered grievous injuries. 4. The Tribunal treating the age of the deceased between 25-30 years and assessing the income as Rs. 2,500/- per month; awarded compensation to the tune of Rs. 3,95,000/- (Rupees Three Lac Ninety Five Thousand) with interest @ 7.5% p.a. from the date of institution of the claim petition i.e. 26.4.2007. 5. Learned counsel for the appellants, reiterating the pleaded facts and grounds of the memo of appeal, vehemently argued that the deductions made from the income assessed to the extent of ?rd in the instant case, wherein the number of dependents is 4; is contrary to the law declared by the Hon'ble Apex Court of the land in the case of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC, 121, wherein the deduction for personal and living expenses ought to have been made to the extent of ¼th of the income assessed. 6. According to the learned counsel, the compensation is not just, fair, reasonable and adequate, against the conventional heads for the Hon'ble Apex Court of the land in the case of Neeta (Smt.) W/o Kallappa Kadolkar & Ors. Etc. v. The Divisional Manager, MSRTC, Kolhapur, MACD 2015 (SC) 66, allowed Rs. 1,00,000/- (Rs. One lac) to each of the children, who were three in number. 7.
Etc. v. The Divisional Manager, MSRTC, Kolhapur, MACD 2015 (SC) 66, allowed Rs. 1,00,000/- (Rs. One lac) to each of the children, who were three in number. 7. Further, following the principles enunciated in the case of Jiju Kuruvila & Ors. v. Kunjujamma Mohan & Ors, MACD 2013 (SC) 217, a sum of Rs. 50,000/- was allowed to the father of the deceased for loss of love and affection so also an amount of Rs. 25,000/- against funeral expenses. Thus, the award needs to be enhanced to that extent. 8. According to the earned counsel the rate of interest on the compensation awarded is also on a lower side in view of what has been observed by the Hon'ble Supreme Court in the case of Neeta (supra), taking into note of the earlier opinion in the case of Municipal Corpn. Of Delhi, Delhi v. Uphaar Tragedy Victims Association, 2011(14) SCC 481 , wherein the rate of interest has been determined as 9% per annum on the compensation. 9. Per contra; Mr. Vinod Tyagi, appearing on behalf of the Insurance Company, while supporting the impugned award, urged that the compensation under the conventional heads has been allowed by the Tribunal keeping in view the attendant facts and circumstances of the case so also having regard to the law prevalent at that time, and therefore, mere fact of enhanced compensation allowed by the Hon'ble Supreme Court in the case of Neeta (supra) would not entitle the claimant for enhancement. 10. I have heard the learned counsel for the parties and with their assistance perused the materials available on record as well as gave my thoughtful consideration to the rival submissions at Bar. 11. Indisputably, there is no challenge to the factual matrix and findings arrived at by the Tribunal with reference to the accident that resulted into death of Daulat Ram @ Bablu Meena, including the age of the deceased so also the assessment of income. 12. In the case of Sarla Verma (supra), while dealing the issue of deduction for personal and living expenses, on a survey of earlier opinions, it was held that ¼th of the assessed income may be deducted towards personal and living expenses, where the number of dependent family members is 4 to 6. 13.
12. In the case of Sarla Verma (supra), while dealing the issue of deduction for personal and living expenses, on a survey of earlier opinions, it was held that ¼th of the assessed income may be deducted towards personal and living expenses, where the number of dependent family members is 4 to 6. 13. While considering the issue of compensation under the conventional heads and rate of interest in the case of Neeta (Smt.) (supra), the Hon'ble Supreme Court observed thus: "10. Further, we award Rs. 1,00,000/- to each of the appellant-children, i.e. Rs. 1,00,000/- and Rs. 3,00,000/- respectively, as per the principles laid down by this Court in the case of Jiju Kuruvila & Ors. v. Kunjujamma Mohan & Ors., (2013) 9 SCC 166 : MACD 2013 (SC) 217 towards loss of love and affection of the deceased father. Further, an amount of Rs. 50,000/- each is to be awarded to the parents of the deceased for the loss of love and affection of their deceased son as per the principles laid down by this Court in the case of M. Mansoor & Anr. v. United India Insurance Co. Ltd., (2013) 12 SCALE 324 : MACD 2013 (SC) 375. We further award Rs. 25,000/- each towards funeral expenses of both the deceased as held by this Court in the case of Rajesh & Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54 : MACD 2013 (SC) 186. 11. The appellants are also entitled to the interest on the compensation awarded by this Court in these appeals at the rate of 9% p.a. along with the amount under the different heads as indicated above. The Courts below have erred in awarding the interest at the rate of 8% p.a. on the compensation awarded by them to the appellants without following the decision of this Court in Municipal Corporation of Delhi, Delhi v. Uphaar Tragedy Victims Association & Ors., (2011) 14 SCC 481 : MACD 2012 (SC) 30. Accordingly, we award the interest at the rate of 9% p.a. On the compensation determined in these appeals from the date of filing of the application till the date of payment." 14. Applying the principles enunciated by the Hon'ble Supreme Court in the cases aforesaid, the appellants would be entitled to the compensation under the following heads, thus: Sr. No. Head As per the Tribunal (in Rs.
Applying the principles enunciated by the Hon'ble Supreme Court in the cases aforesaid, the appellants would be entitled to the compensation under the following heads, thus: Sr. No. Head As per the Tribunal (in Rs. ) As per this Court (in Rs.) Enhanced amount (in Rs.) 1. Loss of dependency 3,60,000/- 4,05,000/- 45,000/- 2. Funeral expenses 5,000/- 25,000/- 20,000/- 3. Loss of love and affection 10,000/- 1,00,000/- 90,000/- 4. Loss of love and affection (parents) 10,000/- 1,00,000/- 90,000/- 5. Loss of estate Nil 50,000/- 50,000/- 6. Loss of consortium 10000 1,00,000/- 90,000/- Total amount 3,95,000/- 7,80,000/- 3,85,000/- 15. Thus, the total enhanced amount of compensation to be paid to the claimants of deceased Daulat Ram @ Bablu Meena, by the respondent-Insurance Company, would be Rs. 3,85,000/- (Rupees Three Lac Eighty Five Thousand) along with interest @ 9% per annum, from the date of institution of the claim petition till the date of payment. 16. Accordingly, the appeal is allowed in the terms as indicated herein above. 17. The respondent-Insurance Company shall deposit the amount with interest as awarded, with the Motor Accident Claims Tribunal, Baran, after deducting the amount already paid to the appellants, within two month from the date a certified copy of this order is submitted before the respondent-Insurance Company. 18. No costs.