SANTOSH GUPTA Vs. SURJIT SINGH

JUDGEMENT

(1.) Leave granted. The appellants in appeals arising out of SLP (C) Nos.28839- 28840 of 2018 are the parents of the deceased. The appellant in appeals arising out of SLP (c) Nos.21513-21515 of 2019 is the wife of the deceased. In respect of the death of the son/husband of the claimants in the accident which occurred on 4/4/1996, the parties were before the Motor Accidents Claims Tribunal (For short' MACT') seeking compensation. The MACT has awarded the total amount of Rs.10,81,200.00 with interest which was enhanced to Rs.12,87,144.00 by the High Court. While determining the compensation, the MACT has awarded a sum of Rs.50,000.00 each to the parents and the remaining amount has been awarded to the wife. The parents and the wife have filed the separate appeals as indicated above.

(2.) Though contentions are urged on behalf of the parents of deceased that the wife of deceased should not be entitled to the amount of compensation as determined since she has subsequently contracted a marriage after about one and a half years after the death and there is no dependency, we do not propose to get into that aspect of the matter at this juncture in view of the other peculiar facts involved in the instant case. In that regard, in any event, since the issue relating to the enhancement arises, we are of the opinion since the wife has received a major portion of the compensation and as already indicated since only Rs.50,000.00 each was awarded to the parents, any determination of the enhancement of compensation in these proceedings shall enure to the benefits of the parents and only the mother will receive it. In that light we take note of the claim as put forth, to determine the amount. In that regard, it was contended that the deceased was aged about 24 1/2 years, who was working as an Engineer and the salary which was taken for the purpose of consideration was Rs.8,000.00 per month. 40 % of the amount is to be added towards 'future prospects' which would be in a sum of Rs.3,200.00. Total amount would be in a sum of Rs.11,200.00. 1/3rd of the said amount is to be deducted towards 'self expenses' which would be Rs.3,733.00. The 'loss of dependency' per month therefore would be in a sum of Rs.7467.00 if taken on the annual basis and the appropriate multiplier of '18' is applied, the amount would be in a sum of Rs.16,12,872.00. A sum of Rs.70,000.00 towards 'conventional head' is awarded, it would amount to a total compensation of Rs.16,82,872.00.

(3.) Having thus granted the enhanced compensation and also taking note of the nature of claim between the parties since we have already indicated that a major portion of the compensation has been received by the wife of the deceased, we are of the opinion that the entire amount which is now determined as an enhancement that is a sum of Rs.3,95,728.00 with interest shall be the entitlement of the parents who are the appellants in appeals arising out of SLP (C) Nos.28839-28840 of 2018. The enhanced amount shall be deposited before the MACT by the Insurance Company, within a period of six weeks from the date of receipt of a copy of this judgment, whereupon the same shall be disbursed to Smt. Santosh Gupta, mother of the deceased.