PRABHAWATI & ORS Vs. KULWINDER SINGH

JUDGEMENT

(1.) By way of present appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants approached this Court for enhancement of compensation awarded by learned Tribunal. It is submitted on behalf of the appellants that Tribunal did not take into account the correct parameters for grant of compensation. The Tribunal assessed the dependency at Rs.500/- whereas the deceased was working as a regular employee and the salary of deceased was proved as Rs.880/- per month. At the time of death of deceased, there were four dependents i.e. wife, one son and two daughters. Thus, the deductions towards personal expenses should have been made only of 1/4th of income. It is also submitted that the Tribunal did not take into account future prospects and considered that since the wife of the deceased was taken on employment by the same department on a salary of Rs.700/- per month, dependency got reduced.

(2.) It is now settled law that the endeavour of the Court should be to grant just and fair compensation to the dependents of the deceased. The compensation should not be in the nature of windfall but at the same time it should also not be unjust that it does not take into account the dependency of the dependents. The Hon"ble Supreme Court in Smt. Sarla Verma v Delhi Transport Corporation, 2009 ACJ 1298 has standardized different parameters for calculating compensation so that there was uniformity in grant of compensation by the Tribunals.

(3.) It is settled law that taking employment by wife of the deceased after death of the husband, is no ground to refuse compensation. In the present case, wife has deposed that she was even otherwise working and helping the family. I also consider that the Tribunal in this case should have taken into account the future prospects of the deceased while considering the compensation.