Sh. Naveen Puri vs Sh. Darshan Singh and Others

Dev Darshan, J.—The appellant has challenged the award of the learned Motor Accident Claims Tribunal, Una primarily on the ground that the learned Tribunal was wrong in granting a sum of Rs. 2,50,000/- for the death of Sh. Malook Singh who was killed in the accident. Learned counsel submits that there is no evidence on record to show that he was making any contribution to the family and his death has caused quantifiable loss. In these circumstances, he submits that unless there is quantification of the dependency of the family on the income of the deceased, no award can be made. Before adverting to this aspect, it is not disputed before me that in accordance with the judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, considering the age of the deceased the multiplier of five is applied. It cannot be said that merely because a person who is in advance age, there was a licence to kill him by rash and negligent driving of the motor vehicle. In any event the principle laid down in Lata Wadhwa and others v. State of Bihar and others AIR 2011 SC 3218, the contribution of the house wife to the family is assessed at Rs. 3,000/- per month which was subsequently upgraded to Rs. 5000/- by Supreme Court in Arun Kumar Agrawal and Another Vs. National Insurance Company and Others,

In these circumstances, I consider it appropriate that a sum of Rs. 2,10,000/- (Rs. Two lacs and ten thousand) be awarded. Award is modified accordingly and shares are also accordingly modified. This appeal stands disposed of. No order as to the costs.