DWARKI DEVI Vs. IRFAN

JUDGEMENT

(1.) Leave granted.

(2.) Challenging the inadequacy of the grant of compensation by the Motor Accident Claims Tribunal [in short, "the Tribunal'] as well as by the High Court vide impugned Judgment dtd. 31/1/2015 and 7/2/2018 respectively, the claimants have approached this Court seeking further enhancement.

(3.) We have heard learned counsel for the parties. In our considered opinion, the deceased appellant, being a Truck Driver died in a road accident on 2/8/2012 at the age of 39 years, looking to his job, if we accept his earnings at the rate of Rs.10,000.00 per month and deduct 1/2 being a Bachelor towards personal expenses, the loss of dependency comes to Rs.5000.00 per month and further adding 40% towards future prospects, it comes to Rs.7000.00 per month. Accordingly, the annual loss of dependency comes to Rs.84,000.00. If the multiplier of 15 is made applicable, then it comes to Rs.12,60,000.00. Further adding loss of consortium of Rs.80,000.00, funeral expenses Rs.15,000.00 and loss of Estate at Rs.15,000.00, the total compensation comes to Rs.13,70,000.00. On reducing the amount as awarded by the High Court at Rs.9,75,000.00, the enhanced amount comes to Rs.3,95,000.00, rounding up of the same, it comes to Rs.4,00,000.00.