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2017 DIGILAW 2429 (RAJ)

Sukh Ram @ Sukh Dev v. Roopa Ram

2017-11-06

ARUN BHANSALI

body2017
JUDGMENT : ARUN BHANSALI, J. This appeal for enhancement is directed against judgment and award dated 17.01.2007 passed by Motor Accident Claims Tribunal (First), Jodhpur (‘the Tribunal’), whereby, the Tribunal has awarded a sum of Rs. 2,37,000/- as compensation alongwith interest @ 6% per annum from the date of filing application i.e. 01.08.2005 2. It is submitted by learned counsel for the appellants that the Tribunal committed error in not awarding any amount towards future prospects and taking the age of the deceased at 50 years and applying multiplier of 11 only. It is submitted that from the material available on record it is apparent that the age of the deceased was 30 years and in view of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi, Special Leave Petition (Civil) No. 25590/2014 decided on 31.10.2017, the appellants are entitled to award of future prospects @ 40%. 3. Learned counsel appearing for the respondent Insurance Company submitted that the Tribunal has awarded adequate compensation, which does not call for any interference. Further submissions were made that admittedly the deceased was unmarried and, therefore, the deduction instead of 1/3rd should have been half in terms of judgment of Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121 . 4. In view of the submissions made and the law laid down by Hon'ble Supreme Court in the case of Pranay Sethi (supra), the claimants would be entitled to compensation as under:- 2500+40% = 3500 - 1750=1750 × 12 × 17 = 3,57,000+15,000 (towards funeral expenses)+15,000 (towards loss of estate) = 3,87,000/-. 5. Consequently, the appeal filed by the appellants is partly allowed. The award dated 17.01.2007 is modified to the extent that appellants would be entitled to further compensation of Rs. 1,50,000/- alongwith interest @ 6% per annum from the date of filing application i.e. 01.08.2005 The amount of enhanced compensation would be paid to the appellants No. 2 and 3 equally in their saving bank account. 6. The respondent Insurance Company would deposit the amount of enhanced compensation alongwith interest within a period of six weeks from the date of this judgment.