KARAMJIT KAUR Vs. ROYAL SUNDRAM ALLIANCE INSURANCE CO

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is before this Court seeking enhancement of the compensation as against the sum awarded by the Motor Accidents Claims Tribunal (For short' MACT') and thereafter enhanced by the High Court. The MACT through its Award dtd. 13/5/2016 had awarded a sum of Rs.9,20,000.00 with interest @ 9% per annum. The High Court has enhanced the compensation through its order dtd. 22/11/2018, to Rs.11,85,000.00. Insofar as the parameters as taken with regard to the age and the future prospects, the High Court was justified. The only aspect which arises for consideration is to be reckon the appropriate income of the deceased. It was contended that the deceased was working as a casual labourer and accordingly he was earning about Rs.2,50,000.00 per annum. However, no material was placed on record, the High Court has reckoned the income at Rs.6,000.00 per month and calculated the compensation.

(3.) The appellant no doubt seeks to contend that at least the minimum wages as provided under the Notification at Rs.6660.00 per month ought to have been taken. In any event taking note that the minimum income provided under the Notification is statutorily payable and in reality can be more. In the instant case, the accident had occurred in the year 2014, in any event in respect of a casual labourer, a sum of Rs.250.00 per day cannot be considered as excessive or exorbitant. In that view, if the same is reckoned, the monthly income could be taken at Rs.7,500.00. 40% of the same to be awarded as 'future prospects' would be in a sum of Rs.3,000.00. Hence, the total amount would be Rs.10,500.00 per month of which 1/3rd is deducted towards 'personal expenses'. Hence, the 'loss of dependency' per month would be in a sum of Rs.7,000.00 which on being taken on the annual basis and appropriate multiplier of '16' being applied, the amount would be in a sum of Rs.13,44,000.00. A sum of Rs.70,000.00 is added on the conventional heads. Hence the total compensation would be Rs.14,14,000.00. As noted the High Court has awarded a sum of Rs.11,85,000.00, the appellant would be entitled to the enhanced compensation of Rs.2,29,000.00 with interest @ 7.5% per annum from the date of filing the petition before the MACT, till the date of payment. The said amount shall be deposited by respondent No. 3/Insurance Company before the MACT within a period of six weeks from the date of receipt of a copy of this judgment, whereupon the same shall be disbursed to the claimants.