Sudesh Devi And Others vs Sartaj Singh And Another

Rekha Mittal, J

The claimants are in appeal seeking enhancement of compensation awarded by Motor Accidents Claims Tribunal, Karnal (in short 'the Tribunal') on account of death of Shyam Lal in a motor vehicular accident that took place on 27.04.2015.

The Tribunal has awarded compensation of Rs.20,83,950/-

(rounded off to Rs.20,84,000/-) detailed hereunder:-

Monthly income of the deceased         Rs.8100/-

Addition in income for future prospects          50%

Deduction for personal expenses         1/4th

Multiplier         17

Loss of dependency    Rs.18,58,950/-

In addition, a sum of Rs.2,25,000/- has been allowed under conventional heads namely loss of consortium to wife, loss of love and affection to wife, children and parents, funeral expenses and loss of estate.

The Tribunal has assessed income of the deceased by taking into consideration the Deputy Commissioner's rates meant for employees to be paid out of contingency but the minimum wage at the relevant time was less than Rs.8100/- per month. Addition in income for future prospects has been allowed at the rate of 50% as against 40% permissible in the light of judgment of Hon'ble the Supreme Court National Insurance Company Ltd. Vs. Pranay Sethi and others, 2017 SCC 1270.

Even compensation allowed under conventional heads is much more than what can be allowed in the light of judgments of Hon'ble the Supreme Court Pranay Sethi and others case (supra) and Sebastiani Lakra and others Vs. National Insurance Company Ltd. and another, AIR 2018 SC 5034. In this view of the matter, there is no scope for allowing compensation more than what has been awarded by the Tribunal. As such, plea of the claimants for enhancement of compensation is patently misconceived and liable to be rejected.

For the foregoing reasons, finding no merit, the appeal fails and is accordingly dismissed in limine.