High CourtsSingle Bench(1993) 09 P&H CK 0010

Nawal Singh and Others vs Thakur Dass and Another

Punjab And Haryana At Chandigarh · Decided on 10 September 1993 · Citation: (1994) 1 ACC 714

HON’BLE JUDGES
Amarjeet Chaudhary, J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 239 words

Amarjeet Chaudhary, J.—The Motor Accident Claims Tribunal, Gurgaon, vide its award dated 14.9.1984, on a claim petition u/s 110-A of the Motor Vehicles Act had awarded Rs. 86,400/- as compensation with 8% interest on account of the death of Mohan. Dissatisfied with the award, claimants have filed this appeal for enhancement of compensation.

2.

The learned Counsel for the appellants contends that the deceased was a skilled worker and was earning about Rs. 1,500/- per month. The Tribunal, however, assessed the monthly income of the deceased at Rs. 600/-. Counsel further argued that proper rate of interest has not been awarded to the claimants.

3.

On the consideration of the matter, I have reached the conclusion that this appeal deserves to be allowed.

4.

The deceased was a skilled worker and his monthly income could not be less than Rs. 750/- After deducting one third towards personal expenses of the deceased, the monthly dependency of the claimants would be Rs. 500/- i.e. Rs. 6,000/- annually, Taking into consideration the age of the deceased and by applying a multiplier of 18 the total compensation would come to Rs. 1,08,000/- The claimants shall also be entitled to 12% interest from the date of application till its realization. Out of the amount of compensation of Rs. 1,08,000/- the amount of compensation already awarded by the Tribunal is to be adjusted.

5.

The appeal is allowed to the extent indicated above, No costs.