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2018 DIGILAW 1893 (RAJ)

Kamla Kanwar v. Ratan Singh

2018-09-11

PRAKASH GUPTA

body2018
JUDGMENT : PRAKASH GUPTA, J. 1. This appeal for enhancement of compensation is directed against the judgment and award dated 13.08.2007 passed by the Motor Accident Claims Tribunal, (Additional District Judge), Beawar, (for short 'the Tribunal'), whereby, the tribunal has awarded a sum of Rs. 5,12,000/- as compensation along with interest @ 6% per annum. 2. Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation. The tribunal has not awarded any amount towards future prospects of the deceased. 3. I have considered the submissions made by the learned counsel for the parties and have perused the material available on record. 4. The claim-petition was filed by the appellants for awarding compensation on account of death of Narain Singh in a motor vehicle accident which occurred on 31.12.2003. It is revealed that the tribunal has taken the income of the deceased as Rs. 4,000/- per month i.e. Rs. 48,000/- per annum. Keeping in view the number of dependents i.e. 4, one fourth (1/4) of the income of the deceased should have been deducted towards his personal expenses instead of one third (1/3). The deceased was aged about 42 years at the time of accident. Thus, to work out the dependency of the claimants, the appropriate multiplier would be 14 and not 15. Thus, the dependency of the claimants comes to Rs. 5,04,000 (48000 x 3/4 x 14). In view of the judgment of National Insurance Company Limited vs. Pranay Sethi & Ors., reported in AIR 2017 SC 5157 : 2017 (4) RLW 3248 (SC), claimants would be further entitled to receive an addition of 25% of the said amount towards future prospects, which comes to Rs. 1,26,000/-. The claimants would be further entitled to receive Rs. 70,000/- towards conventional heads. Thus, the total amount of compensation receivable by the claimants comes to Rs. 5,04,000 + 1,26,000 + 70,000 = 7,00,000/-. 5. Accordingly, this appeal is allowed. Impugned award dated 22.08.2017 is modified to the extent that the compensation amount receivable by the claimants is Rs. 7,00,000/- instead of Rs. 5,12,000/- as awarded by the Tribunal. Remaining terms and conditions of the award shall be the same. 5,04,000 + 1,26,000 + 70,000 = 7,00,000/-. 5. Accordingly, this appeal is allowed. Impugned award dated 22.08.2017 is modified to the extent that the compensation amount receivable by the claimants is Rs. 7,00,000/- instead of Rs. 5,12,000/- as awarded by the Tribunal. Remaining terms and conditions of the award shall be the same. It is ordered that the share of the enhanced amount of the compensation shall be invested in fixed deposit with a nationalised bank initially for a period of 2 years and the interest accrued thereon shall be paid to the claimants on monthly basis.