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2016 DIGILAW 554 (JK)

Union of India v. Tejwant Kour

2016-10-21

R.SUDHAKAR

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JUDGMENT : R. Sudhakar, J. 1. This appeal is of the year 2009. The Appellant-Union of India has filed the appeal, challenging the quantum of the award dated 30th June, 2008 awarded by the Motor Accident Claims Tribunal (MACT), Jammu on the death of 38 years old JCO, 1st JAKLI No. 158450. 2. The accident in this case happened on 15.04.1995 and the claim was filed in the year 2009 i.e. after fourteen years. 3. The claimants in this case are Tejwant Kour-widow of the deceased-Swaran Singh aged 32 years, two daughters aged 11 and 9 years. The deceased-Swaran Singh died in an accident, which took place on 15th April, 1995 at Manspari, Gadoot, Village Parkote, District Pathorgarh, U.P. He was travelling in Vehicle No. 13882827F, which was being driven by its driver-Dev Goel in a rash and negligent manner, due to which the driver lost his control and it fell into the 400 metre deep gorge. In the said accident, driver died on spot and the deceased-Swaran Singh sustained fatal injuries and died. The deceased-Swaran Singh was working in the Army and as per the material placed on record before the Tribunal, he was earning about ten thousand rupees (Rs. 10,000/-) per month. 4. The Union of India did not choose to contradict the evidence on record and has not reproduced any document to establish that the income of the deceased was less than Rs. 10,000/-. 5. The said plea has been raised before this Court, however, the Court is not inclined to accept the aforesaid plea, because appellant-Union of India has failed to avail the same when the opportunity was granted by the Tribunal. 6. Insofar as, the quantum of compensation is concerned, the Tribunal after fixing income of the deceased-Swaran Singh by adopting the multiplier of 15' granted compensation at Rs. 6,12,000/- for the loss of dependency. Rs. 15,000/- has been granted for loss of consortium to widow and Rs. 15,000/- for funeral expenses. Considering the age of the deceased i.e. 38 years, the Tribunal after adopting the multiplier of 15' granted the following amount as compensation :- 1. For loss of dependency Rs. 6,12,000/- 2. For loss of Consortium of widow Rs. 15,000/- 3. For funeral expenses Rs. 15,000/- Total Rs. 6,42,000/- with 7.5% interest per annum. 7. Considering the age of deceased-Swaran Singh, multiplier of 15' adopted by the Tribunal is justified. For loss of dependency Rs. 6,12,000/- 2. For loss of Consortium of widow Rs. 15,000/- 3. For funeral expenses Rs. 15,000/- Total Rs. 6,42,000/- with 7.5% interest per annum. 7. Considering the age of deceased-Swaran Singh, multiplier of 15' adopted by the Tribunal is justified. The income does not require to be reduced in view of the decision of the Hon'ble Supreme Court in case titled as "Sarla Verma & Ors. v. Delhi Transport Corporation and Another, reported as (2009) 6 SCC 121 . because there is a possibility of future prospects of the deceased, who was just 38 years old. Even otherwise, the quantum is not required to be reduced, because no amount has been granted for loss of love and affection to two minor children and meager amount has been granted for loss of consortium to the wife. On the whole, the award is not excessive and does not require to be reduced. The interest granted by the Tribunal at 7.5% is confirmed. The appeal is, accordingly, dismissed.