AI Structured Summary
Not yet generated for this judgment
Judgment
C.Jayachandran, J.
The Motor Accident Claims Appeal above referred was disposed of by this Court as per judgment dated 10.03.2023, as per which, the appeal was allowed granting enhancement of the compensation amount.
The present review is preferred by the 3rd respondent in the above appeal, confined to one ground that the deduction of personal expenses afforded by this Court in the judgment under review (at paragraph no.3) to the extent of ¼th of the income, on the premise that the family of the deceased consists of six members is erroneous, in as much as, the deceased was an unmarried person. 50% of the total income is liable to be deducted towards personal expenses is the review petitioner's contention.
Sri.N.J.Antony, the learned counsel for the respondents in the Review Petition (appellants in the appeal), submitted that the proposition canvassed by the review petitioner is correct and the respondents have no objection to the same, going by the judgment in Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)].
In this circumstances, this Review Petition is allowed and the amount to be deducted on account of personal expenses is corrected and modified as 50%. Accordingly, the compensation amount payable to the appellants in the appeal (claimants in the Original Petition) is reworked and indicated in the tabular statement shown herein below:
Sl. No.
Head of Claim
Amount awarded by the Tribunal (Rs.)
Total amount after enhancement in appeal (Rs.)
1
Transport to hospital
1,000
2,000
2
Funeral expenses
3,000
16,500
3
Love and affection
40,000
Nil
4
Dependency
2,85,600
*6,04,800
5
Loss of estate
--
16,500
6
Consortium
--
88,000
7
Damage to clothes
–
1,000
Total
3,29,600
7,28,800
Amount enhanced = Rs.3,99,200/- (Rupees Three lakhs ninety nine thousand and two hundred only)
*(4000+40/100)x12x18x50% =Rs.6,04,800/-)
In all other respects, the judgment dated 10.03.2023 in M.A.C.A. No.2838/2009 will remain intact.
The Review Petition will stand allowed as indicated above.