Mamta and Another vs Rajaram and Others

P.K. Jaiswal, J.—Heard. This appeal is filed by the claimants for enhancement against the award dated 7th January, 2010, passed by learned XVI Additional Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 142/2009, whereby the learned Tribunal has awarded a total sum of Rs. 4,18,000/- as compensation.

Learned Counsel for the appellants submits that deceased Badrilal was a skilled labour at Indore city and he was earning Rs. 4,000/- per month, but the learned Tribunal committed an error in assessing his income @ Rs. 3,000/- per month. In support of his contention he drew my attention to the statement of Smt. Mamta (AW1) and contended that this witness in her statement has very categorically stated that income of her husband was Rs. 4,000/- per month and prayed that amount of compensation be enhanced accordingly. He further submits that only a sum of Rs. 10,000/- has ben awarded on other conventional head and prays for enhancement in the said head.

As per the statement of AW1 and taking into consideration the fact that deceased Badrilal was working as skilled labour at Indore city and must be earning Rs. 3,500/- per month i.e., Rs. 42,000/- per annum. After deducting 1/3rd (i.e., Rs. 14,000) towards living and personal expenses of the deceased the annual dependency of the appellants comes to Rs. 28,000/- . On applying multiplier of 17, the amount of compensation comes to Rs. 4,76,000/- . On other conventional heads like funeral charges, loss of estate, loss of love and affection the amount is enhanced to Rs. 44,000/- . Thus, total compensation comes to Rs. 5,20,000/- . After deducting Rs. 4,18,000/- awarded by the Tribunal the enhanced amount comes to (5,20,000-4,18,000)= Rs. 1,02,000/- . In view of the aforesaid, this appeal is allowed in part with costs and the appellants are held entitled to receive total sum of Rs. 1,02,000/- in addition to the amount of compensation already awarded by the Tribunal. The enhanced amount shall carry interest @ 7.5% per annum from the date of application till its realization. Memo be prepared accordingly.