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Judgment
G.P. Mittal, J.—This appeal is for enhancement of compensation in respect of death of S. C. Vashisht, who was aged 42 years at the time of accident, which took place on 26.08.1999. The Motor Accident Claims Tribunal (the Tribunal) by the impugned award granted a compensation of Rs. 9,40,000/- with interest @ 12% per annum from the date of filing of the petition till 31.03.2001 and thereafter 9% per annum till 31.03.2003 and thereafter 6% per annum till the date of actual payment.
A short submission has been raised during the course of arguments. Admittedly, the deceased was working in a pharmaceutical company, which was owned by the family of the claimants. He was getting a salary of Rs. 60,000/- per annum. The Tribunal added 50% towards future prospects and on applying a suitable multiplier and adding the notional sum towards conventional heads like loss of love and affection, loss of estate, funeral expenses awarded a compensation of Rs. 9,40,000/-.
It was proved in inquiry before the Tribunal that a Bus was purchased by the deceased in August, 1998 and it started running under DTC Operation. The Income Tax Return for the year 2000-2001 i.e. in respect of the year when the accident took place also increased to Rs. 98,910/-. The Tribunal was convinced that there was some income from plying the Bus, but did not award any compensation for the personal supervision by the deceased as the Tribunal held that the Bus was transferred to the widow on deceased's death and she could have similar income from running the Bus.
Since the deceased was earning about Rs. 60,000/- and in the year of his death the income increased to Rs. 98,000/- and only Rs. 60,000/- was considered as the deceased's income. It can safely be said that there was substantial income from running the Bus. It can be assumed that the deceased was performing some supervisory duties in looking after the employees i.e. driver, conductor and maintenance of the Bus. It has come in PW-1''s testimony that the deceased was a commerce graduate. The minimum wages of graduate on the date of the accident were Rs. 3,108/-. I assume that 1/4th of his working day was spent on looking after the plying the Bus. The deceased's income from the supervisory duties could be assumed to be Rs. 3,108/4 = 777. If 1/3rd out of this assumed income is deducted towards personal expenses the net income available would be Rs. 518/- per month or Rs. 6,216/- per annum. The deceased was 42 years at the time of the accident. On applying a multiplier of ''14'' the additional compensation works out to be Rs. 87,024/- rounded off Rs. 87,000/-.
In view of the foregoing discussion I award additional compensation of Rs. 87,024/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount. Respondent No.2 National Insurance Co. Ltd. is directed to deposit the enhanced compensation along with interest within six weeks. The enhanced compensation shall be equally payable to Appellants No.1, 2, 3 & 5. 50% of the amount shall be released in cash and rest of the amount shall be held in the form of FDR for a period of 2 years.
The appeal is allowed and award modified in above terms. No costs.