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Judgment
This is an appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation awarded to the appellants, who are the parents and minor brother and sisters of the deceased Jhuni Kumari, who died in a road accident on 04.11.2001. She was 18 years old girl and it was said that she used to sell green vegetables and earn Rs.3,000/- per month. However, on account of there being no documentary evidence in support of the aforesaid, learned Tribunal disbelieved the same and awarded a total compensation of Rs.90,000/- without any much discussion as to how and in what manner, the compensation has been assessed.
Having heard learned counsel for the parties, I am of the considered view that as the deceased was 18 years old girl, the compensation should have been assessed by calculating notional income by applying the multiplier of 18 and granting certain benefits to the parents on account of loss of love and affection etc. Calculating the compensation on the aforesaid basis, the compensation comes around Rs.3,49,000/- and to that if a sum of Rs.50,000/- towards love and affection is added, the compensation comes to Rs.3,99,000/- and, therefore, interest of justice would be met in case total compensation at Rs.4,00,000/- is awarded to the claimants.
Accordingly, the compensation is assessed at Rs.4,00,000/- and deducting a sum of Rs.90,000/- already paid along with interest by the New India Assurance Company Limited, Respondent No.1, the remaining amount along with interest at the rate of 6% per annum on the enhanced amount with effect from the date of the award, i.e. 03.04.2008 be now paid to the claimants by the Insurance Company within a period of 60 days from the date of receipt of a certified copy of the order.
With the aforesaid, the appeal stands disposed of.