Rajasthan High Court - Jaipur
Smt Narbada Devi & Ors vs Jai Singh & Ors on 28 February, 2012
IIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Misc. Appeal No.3234/2005 (Smt. Narbada Devi & Others Versus Shri Jai Singh Singh & Others) Date of Order :: 28th February, 2012 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anshul Sharma, counsel for the claimants-appellants Ms. Archana Mantri, counsel for the respondents BY THE COURT:
Challenge in this appeal is to the judgment and award dated 22nd August, 2005, whereby learned Motor Accident Claims Tribunal {ADJ (Fast Track)} No.2, Beawar has decreed an amount of Rs. 3,19,000/- in favour of claimants and against the respondents.
2. Learned counsel for the claimants canvassed that in view of the judgment rendered by Hon'ble Apex Court in the case of Smt. Sarla Verma and Others Versus Delhi Transport Corporation and Another reported in 2009 (2) TAC 677 (S.C.), the deductions should have been 1/4th towards personal & living expenses of the deceased looking to the number of dependents, which are four in number in the instant case, but the learned Tribunal deducted 1/3rd towards personal and living expenses of the deceased. Thus, the learned Tribunal erred while computing the quantum of compensation. Hence, the quantum of compensation needs to be recalculated and impugned award deserves to be modified.
3. On the contrary, learned counsel for the respondents has opposed the submissions made by learned counsel for the appellant.
4. Having reflected over the submissions made at the bar and carefully perused the impugned award, the learned Tribunal is found to have committed an error by way of deducting 1/3rd towards personal and living expenses of the deceased, whereas the number of dependent family members in the instant case are found to be four and keeping in view the judgment of Smt. Sarla Verma (supra), 1/4th deduction ought to have been made by the Tribunal as the Hon'ble Apex Court has propounded that deduction towards personal and living expenses should be 1/4th if the number of dependent family members is 4 to 6 and it shall be 1/5th if the number of dependent family members exceed six. In the instant appeal, deduction towards personal and living expenses of the deceased should be 1/4th as the number of dependent family members is four. Thus, the loss of dependency is computed as under:
Rs. 3000 750 X 12 = Rs. 27,000 If we apply the multiplier of 13, the loss of income comes to Rs. 3,51,000/-.
5. The Tribunal is found not to have awarded even a single penny towards the head of Consortium. Hence, I deem just to award an amount of Rs. 5,000/- towards the same, to meet the ends of justice.
6. For the reasons stated above, the appeal is partly allowed and the claimants appellants are held entitled to claim Rs. 3,56,000/- instead of Rs. 3,19,000/- as compensation from the non claimants- respondents. They are further held entitled to claim interest @ 6% per annum on the enhanced amount of compensation from the date of filing the claim petition till the amount is actually realized. Rest of the terms under the award shall remain unchanged. The impugned award stands modified, as indicated here-in-above.
7. Appeal stands disposed of accordingly.
(MAHESH BHAGWATI),J.
DK/-
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