KAMINI ALIAS MEENU Vs. VASUDHARA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 23-4-2008 in MVC No. 3490 of 2006 passed by MACT at Belgaum at Khanapur. In a motor accident on 17-11-2006 one Jaswant K. Patil died. Appellants are the legal representatives of deceased and filed a claim petition before the Tribunal in MVC No. 3490 of 2006. On completion of pleadings the Tribunal framed the following three issues:

(2.) On appreciation of the pleadings the oral and documentary evidence, the Tribunal passed the impugned judgment and award, awarding compensation of Rs. 11,10,000/- with 6% interest per annum. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants are before this Court.

(3.) On the date of accident, deceased was aged about 32 years. The Tribunal applied 15 multiplier. In view of the law declared by the Honourable Supreme Court in Smt. Sarla Verma and Others v. Delhi Transport Corporation and Another, 2009 AIR(SC) 3104, the proper multiplier is 16. On the date of accident, the deceased was working as a Sales Executive in a private establishment and Ex. P. 9 is the salary certificate specifying that the deceased was drawing a monthly salary of Rs. 8,000/-. Taking into consideration the dependency, 1/3rd of the monthly income is to be deducted towards personal expenses. Having regard to the age and the nature of job, the Tribunal added Rs. 2,000/- towards future prospectus and the same is contrary to the law laid down by the Apex Court in the case of Smt. Sarla Verma. Since the deceased was aged about 32 years and he was in a permanent job, 50% of the income is to be added towards future prospectus. In the circumstances, the appellants are entitled for compensation under the head loss of dependency as under: