SAVITHRIBAI Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are before this Court seeking enhancement of the compensation as against the sum awarded by the Motor Accidents Claims Tribunal (For short 'MACT') through its judgment dtd. 23/10/2014, which is in a sum of Rs.7,33,500.00 with interest at 6% per annum. The High Court had dismissed the appeal filed by the appellants on 19/9/2016. The solitary question which arises for consideration in this appeal is with regard to the appropriate quantum of compensation to be awarded. The accident had occurred on 6/5/2012 and the claimants claimed the deceased to be an Agriculturist and Commission Agent and the accident had occurred while he was returning from the market in the vehicle. If these aspects of the matter are kept in view, in a matter of the present nature, the income as reckoned by the MACT even in the absence of proof at Rs.4,500.00 is on the lower side since even an unskilled labour would have earned that amount.

(3.) In that view of the matter, keeping in view the period of accident, it would be appropriate to reckon the notional income of the deceased at Rs,7,000/- per month. 40% of the same amounting to Rs.2,800.00 is to be awarded towards the 'future prospects'. From the total of Rs.9,800.00, 1/4th of the amount in a sum of Rs.2,450.00 is to be deducted towards self-expenses. If the same is done, the 'loss of dependency' per month would be in a sum of Rs.7,350.00, if taken on the annual basis and the appropriate multiplier of '17' is applied, the amount would be in a sum of Rs.14,99,400.00. A sum of Rs.70,000.00 is to be added towards 'conventional heads'. The total compensation would be in a sum of Rs.15,69,400.00.