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Judgment
This Miscellaneous Appeal has been filed by the claimants/appellants being aggrieved by award dated 19.08.2010 passed in Claim Case No.192/2010 by the Court of I Additional Motor Accident Claims Tribunal, Jaura, District Morena.
Learned counsel for the appellants submits that accident had taken place on 18.11.2009. Tribunal has construed minimum wages of the deceased at Rs.2,400/- per month, whereas on the date of the accident minimum wages should have been construed at Rs.3,500/- as were existing.
If minimum wages are construed at Rs.3,500/-, then disposable income in the hands of the claimants would have been Rs.2,333/- per month after making 1/3 deduction of the amount deemed to have been spent by the deceased on self. Looking to the age of the deceased between 55-60 years, there will be addition of 10% of income towards future prospect, which is to be added as per the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and others as reported in (2017) 16 SCC 680. Therefore, total disposable income in the hands of the claimants Rs.2,566.66/- per month or Rs.30,800/- per annum. Tribunal has applied multiplier of 8, whereas looking to the fact that age of the deceased has been taken by the Tribunal between 55-60, multiplier of 9 will be applicable as per the law laid down in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another as reported claim to Rs.2,77,200/-miscellaneous heads Rs.3,47,200/-. in (2009) 6 SCC 121 taking total plus Rs.70,000/- under the other taking total compensation to
Tribunal has awarded only a sum of Rs.1,63,100/-therefore, claimants will entitled to an addition of Rs.1,84,100/- (Rupees One Lakh Eighty Four Thousand One Hundred Only). This enhanced amount shall also carry interest at the rate of 6% from the date of filing of the claim petition as has been awarded by the learned Claims Tribunal.
This enhanced amount too shall be appropriated between the legal heirs in the same ratio in which learned Claims Tribunal divided the claim awarded by it.
With the aforesaid, appeal is disposed of.