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2019 DIGILAW 2766 (RAJ)

Sampati v. Daulatram

2019-10-30

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - With the consent of learned counsel for the parties, the matters have been heard finally. 2. Both these misc. appeals are arising out of the common award dated 28.02.2003 passed by learned Motor Accident Claims Tribunal, Gulabpura. 3. Learned counsel for the parties submit that there is no dispute regarding factual matrix of the case. 4. In light of such submission and upon direction of this Court, the parties, in light of precedent law laid down by the Hon'ble Apex Court National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 , have furnished their joint computation with regard to Appeal No. 212/2004 (preferred by Smt. Sampati & Ors.) and Appeal No. 218/2004 (preferred by Smt. Hansa Devi & Ors.), which read as follows:- Appeal No.212/2004: Age of the Deceased 36 years Multiplier 15 Future Prospects 40% Deduction on count of Personal Expenses (5 dependants) 1/4 Monthly Income of the Deceased Rs.1,800/- Monthly Income after adding Future Prospects Rs.2,520/- Monthly Income after deducting Personal Expenses Rs.1,890/- Yearly Income of the Deceased Rs.22,680/- Total Income after applying Multiplier Rs.3,40,200/- Other Conventional Heads Rs.70,000/- Total Award Rs.4,10,200/- Compensation awarded by Tribunal Rs.1,79,800/- Enhanced Award Rs.2,30,400/- Appeal No.218/2004: Age of the Deceased 30 years Multiplier 17 Future Prospects 40% Deduction on count of Personal Expenses (4 dependants) 1/4 Monthly Income of the Deceased Rs.1,800/- Monthly Income after adding Future Prospects Rs.2,520/- Monthly Income after deducting Personal Expenses Rs.1,890/- Yearly Income of the Deceased Rs.22,680/- Total Income after applying Multiplier Rs.3,85,560/- Other Conventional Heads Rs.70,000/- Total Award Rs.4,55,560/- Compensation awarded by Tribunal Rs.1,94,200/- Enhanced Award Rs.2,61,360/- 5. With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.2,30,400/- (Appeal No.212/2004) and Rs.2,61,360/- (Appeal No.218/2004) are granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. 6. The Misc. Appeals No. 212/2004 and 218/2004 are accordingly disposed of. All the pending applications also stand disposed of. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. 6. The Misc. Appeals No. 212/2004 and 218/2004 are accordingly disposed of. All the pending applications also stand disposed of. Record of the learned Tribunal be sent back forthwith.