Seema Devi vs Amarjit Singh

Nawab Singh, J.—Seema Devi, aged 32 years, widow, Reena daughter, aged 15 years, Babita daughter, aged 12 years and Archana, aged

8 years (hereinafter referred to as "the claimants") filed claim application u/s 166 of the Motor Vehicles Act before the Motor Accident Claims

Tribunal (for short "the Tribunal"), Chandigarh seeking compensation on account of death of Inder Parsad, aged 39 years, in a road accident on

April 27th, 2008. It was pleaded that the deceased was working as Baildar in Municipal Corporation, Mani Majra Sub Division No. 8,

Chandigarh drawing salary of Rs. 5834/- per month.

The Tribunal, vide Award dated June 6th, 2011, awarded compensation of Rs. 7,20,200/- along with interest at the rate of 7.5% per annum

from the date, of filing of claim application till its realization.

The amount of compensation was awarded under the following heads:--

By filing present appeal, the claimants have challenged the impugned Award.

The date of birth of the deceased was May 15th, 1969 as per the Identity Card. He was drawing salary of Rs. 5834/- as deposed by Ram

Karan, Superintendent, Public Health, Municipal Corporation, Manji Majra, Chandigarh. He proved salary certificate of the deceased (Exhibit P-

4). The Tribunal assessed the income of the deceased at Rs. 5834/- per month. Deduction of 1/3rd was made for his personal and living expenses and thereafter, multiplier of 15 was applied.

In considered opinion of this Court, an addition of 50% to the actual income of the deceased was to be given for future prospects in view of the

judgment rendered in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, and Rajesh and Others Vs. Rajbir Singh and

Others, . Adding the same, income of the deceased comes to Rs. 8751 (5834+2917). The family of the deceased consisted of five members so,

deduction of 1/4th is made therefrom and the monthly income is assessed at Rs. 6564/- (8751-2187). Multiplier of 15 was correctly applied by the Tribunal. Thus, the loss of dependency is assessed at Rs. 11,81,520/- (6564 x 12 x 15).

In view of the judgment of the Hon'ble Supreme Court in Rajesh's case (supra) and considering age of wife of the deceased (32 years) and that

of the deceased (39 years), a sum of Rs. 1 lac is awarded to the widow of the deceased for loss of consortium, that is, Rs. 90,000/- over and above the amount awarded by the Tribunal.

In view of Vimal Kanwar and Others Vs. Kishore Dan and Others, a sum of Rs. 25,000/- each is awarded to the minor daughters and son of

the deceased. In view of above, Award of the Tribunal is modified to the extent that the appellants-claimants are held entitled to total compensation of Rs. 13,56,520/-. Interest on the enhanced amount of Rs. 6,36,320/- shall be paid from the date of filing claim application till the amount was deposited by the respondents under the impugned Award at the same rate of interest as was awarded by the Tribunal.