Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
Though the petitioners in M.C.O.P.No.771 of 2008 had claimed a
compensation of Rs.6,00,000/-, considering the fact that the deceased had
been a coolie, the learned Tribunal fixed the monthly income of the
deceased as Rs.4,000/- per month and derived the annual income as Rs.
48,000/- (Rs.4,000x12). The deceased has been survived by his wife and
the petitioners 2 to 5 who are the daughter and sons of the deceased.
Adopting the proposition of the Hon'ble Apex Court in the case of
Sarala Verma and others v. Delhi Transport Corporation and other
reported in 2009 (2) TNMAC 1, the learned Tribunal having deducted
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C.M.A.(MD).Nos.144 to 147 of 2018
1/4th of the annual income towards personal expenses of the deceased,
had calculated ¾th of the income towards family expenses, which would
arrived at Rs.36,000/-. Thereafter, the learned Tribunal as per Schedule 2
of Section 163(A) of the Motor Vehicles Act, 1988, had adopted
multiplier '14'. Considering the age of the deceased as 44 years at the
time of the accident and calculated the compensation under the head loss
of dependency as Rs.5,04,000/- (Rs.36,000/-x14). Thereafter, the learned
Tribunal proceeded to pass award in the following heads:-