GOBIND RAM SACHDEVA Vs. SITA RAM PANT RAM

JUDGEMENT

(1.) The present appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by the appellant seeking enhancement in compensation.

(2.) Brief facts relevant for the purpose of deciding the present appeal are that the deceased a young unmarried son of the appellant aged around 27 years, possessed with a degree of B.E and working as Engineering Instructor with All India Radio on a monthly salary of Rs.1287.10 died in an accident on 12th February, 1977. The learned Tribunal considered the fact that he was a brilliant student during his college time and was also selected for deputation by Oman Government for a period of two years. Thus, instead of taking his actual income of Rs. 1287/- per month for computing compensation, took a monthly income of Rs.2700/- into account and deducted only 1/3rd towards his personal living expenses. The dependency of parents was calculated by using a multiplier of 16, at Rs.3,45,000/-.

(3.) The learned counsel for the appellant argued that the deceased was selected for deputation for a period of two years by Oman Government on proposed salary of 230 Oman Royals (each Royal equal to Rs.25.65) and LRs should have therefore been awarded compensation taking into account this salary. It was also argued that the Tribunal did not award non pecuniary benefits. Reliance was placed by the counsel for the appellant on Oriental Insurance Company Ltd. v. Deo Patodi & Ors., 2009 2 ACC 875.