Pirthi Singh And ANR. v. Manjeet Singh & ORS.

Claimants-appellants have preferred the present appeal being wife, parents and minor sons of the deceased Mahabir Singh (hereinafter referred to as the "Deceased"), who died in a road accident which took place on 15.03.2000, on account of rash and negligent driving by respondent No. 1 while driving jeep bearing registration No. HR-19-8814.

Being aggrieved by the impugned award dated 18.12.2004 passed by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as "Tribunal"), vide which the claimants-appellants were found entitled to total

compensation of Rs.2,71,000/-. The claimants-appellants are seeking enhancement of compensation awarded by the Tribunal as the same is not according to their entitlement.

The Tribunal in the present case had awarded the following compensation:

Monthly Income Rs.2,000/- Deduction 1/3rd Multiplier Loss of consortium to claimant Rs. 5,000/- No. 3 Funeral expenses Rs. 10,000/- Total compensation Rs. 2,71,000/-

Appellants have also sought enhancement of compensation on the ground that income of deceased was not correctly taken by learned Tribunal and future prospects were not added. That deduction was wrongly applied in view of number of dependents. Award of multiplier of '16' by learned Tribunal is also under challenge. Appellants have also sought appropriate compensation for loss of estate, funeral expenses and loss of consortium. In absence of any evidence the income taken by the learned Tribunal, on the basis of minimum wages is maintained. Accordingly, the income of the deceased is taken as Rs. 2,000/- per month. The appellantsclaimants shall be entitled to future prospects to the extent of 40%.

Keeping in view the age of the deceased as 22 years, multiplier of '18' would be appropriate for the purposes of determining loss of dependency as per the judgment of Hon'ble Supreme Court in Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., 2009 (2) SCC (Civil) 770. Since deceased is survived by five dependents i.e. wife, parents and two minor children, deduction of 1/4th ought to be taken towards loss of dependency. Appellants-claimants shall also be entitled to Rs.7,500/- each under the head loss of estate, funeral expenses and Rs. 15,000/- each under the head spousal, parental and filial consortium. Accordingly, the reworked compensation to which the claimantsappellants are entitled to is as under: Income Rs.2,000/- per month Rs 2,000/- per month Future Prospects 40% Rs.

Deduction 1/4th Rs.2,100/- (2800-700) Multiplier Total loss of dependency Rs.2,100x12x18 Rs.4,53,600/- Loss of Estate Rs. 7,500/- Funeral Expenses Rs. 7,500/- Rs. 15,000 x 2 Rs. 30,000/- Loss of filial Consortium to claimant No. 1 and 2 Loss of spousal consortium to claimant no. 3.

Rs. 15,000/- Loss of parental consortium to claimant No. 4 and 5 Rs 15,000/- x 2 Rs. 30,000/- Total Compensation awarded in appeal Rs.5,43,600/- Total Compensation awarded by the Tribunal Rs. 2,71,000/- Enhanced amount of compensation Rs.5,43,600/- (as awarded in appeal) - Rs.2,71,000/- (as awarded by the Tribunal) Rs.2,72,600/-