Mangi Lal and Another vs Satnam Singh and Others

Gyan Sudha Mishra, J.—This is an appeal for enhancement of the amount of compensation against an award whereby a sum of Rs. 1,11,000 (rupees one lakh eleven thousand only) has been allowed to the appellants who are the legal representatives of deceased Kanudi who died at the age of 50 years and was earning at least Rs. 50 per day by her artistic ability of ''mehandi'' decoration on palms. However, documentary proof in regard to the income of the deceased could not be produced and hence the counsel for the appellants fairly accepted the position that Rs. 15,000 per annum should be taken to be her income as per the Second Schedule to the Motor Vehicles Act, 1988. But, thereafter a multiplier of 13 should have been applied considering the age of the deceased whereas the multiplier of 8 only has been applied since there is no dispute about the age of the deceased that she was 50 years old and there can possibly be no dispute regarding her income that it cannot be less than Rs. 15,000 per annum out of which, if her personal expenses are deducted, Rs. 10,000 will have to be taken as her net income. Thus, her income of Rs. 10,000 after applying a multiplier of 13 would come to Rs. 1,56,000. It also cannot be disputed that dependants of the deceased would be entitled to this amount. Hence, if a sum of Rs. 1,11,000 is deducted from the amount of Rs. 1,56,000 which has already been paid to appellants-claimants, the balance of Rs. 45,000 will have to be paid by the respondent No. 3, United India Insurance Co. Ltd. The same be paid to appellants expeditiously, but not later than a period of two months from today.

The impugned award accordingly stands modified and the appeal is thus allowed to the aforesaid extent with no order as to costs.