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Judgment
Gautam Kumar Choudhary, J
Claimants are the appellants, who have preferred the instant appeal under Section 173 of the M.V. Act, 1998 for enhancement of the awarded amount.
Claimants are the dependents of the deceased Sharda Devi, who died in a motor vehicle accident. Petitioner No.1 is the husband and petitioner Nos.2 & 3 are her minor daughters.
The learned Court below took a notional income of Rs.3000/-per month of the deceased for the services rendered by her to the family and awarded a compensation of Rs.3,84,000/- by taking a multiplier of 16 and deducting 1/3rd of the income on her personal and living expenses. Interest @ 6% per annum has been awarded on the awarded amount from the date of the order.
The petition has been filed for enhancement of the award mainly on the ground that there is an error in taking multiplier of 16 in place of 17 and the monthly income of Rs.4000/- has also not been considered which earned from the sale of vegetables.
I do not find any cogent reason to differ with the finding of the learned Tribunal on the income of the deceased for the reason that even in the claim application in para 22 (d), her income has been pegged to be not less than Rs.3000/- per month.
Taking the age of the deceased to be 35 years as per the post mortem report at the time of accident, Rs.3000/- as her monthly income, and three dependents the final compensation amount shall work out as under:
The compensation amount shall accordingly work out as per the table given below:
Annual Income Rs.3,000 x 12
Rs 36,000/-
Annual dependency after deducting 1/3rd on the living and personal expenses of the deceased
Rs 24,000/-
Loss of dependency taking multiplier of 17
Rs.24,000 x 17 = Rs. 4,08,000/-
Conventional head
Rs. 77,000/-
Total
Rs. 4,85,000/-
The claimants shall therefore be entitled to compensation of Rs.4,85,000/- with interest @ of 7.5% per annum on the compensation amount from the date of filing of claim application from the Insurance Company. The Insurance Company is accordingly directed to make payment of the compensation amount to the Tribunal within a month of this order. The Tribunal shall pay the compensation amount to the claimants in the manner given below:
A. 50% of the total compensation amount to be paid to Claimant no.1
B. 25% of the compensation amount to be paid to each of the claimant Nos.2 and 3 jointly with claimant No.1
C. In case of the claimants below 21 years the amount to be fixed deposited till they attain the age of 21 years.
With the above modification of the award, the appeal is allowed.