SARLA DEVI Vs. ALTAUR REHMAN

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 18.07.2006 passed by learned Motor Accidents Claim Tribunal (for short, "the Tribunal) as passed in Claim Petition No.246 of 2004 whereby a sum of `7,35,000/- was awarded as compensation in favour of claimants (appellants herein) on account of death of Raj Kumar, husband of appellant Sarla Devi and father of other appellants/ claimants. Deceased Raj Kumar along with other family members was travelling in a Maruti Van bearing registration number DL 2C L 4092 when it was hit by a truck bearing registration number HR 38A-2423 being driven by Altaur Rehman (respondent no.1 herein) in a rash and reckless manner. The deceased Raj Kumar sustained fatal injuries. The aforesaid compensation of `7,35,000/- was made up of `6 lac towards loss of dependency by the appellants/ claimant, `1 lac towards loss of love and affection, `25,000/- on account of loss of consortium and `10,000/- towards funeral expenses. The appellants assailed the impugned award and claimed enhanced compensation. Their main grievance is that the deceased Raj Kumar was aged 41 years and was an income tax payee having his income from the business of property dealing and commission. They relied upon the income tax return for the assessment year 2002-03 whereby he declared his income as `84,050/-. They also alleged that the multiplier of 12 applied by the Tribunal was on lower side and the same ought to have been 15, keeping in view the age of the deceased as 41 years.

(2.) NONE appeared for the parties when the matter was listed for final hearing on 19.09.2011. The case was reserved for judgment with the directions to the parties to file short synopsis of their arguments within 3 days. No one has chosen to file their synopsis of arguments.

(3.) IN view of the foregoing discussion, the appellants are entitled to additional sum of `1 lac in the manner as indicated above. The respondent no.3/insurance company is directed to pay the enhanced compensation of `1 lac in the name of the appellant no.1 Sarla Devi who is the widow of deceased Raj Kumar within 30 days from today failing which the amount shall be paid with interest @ 7.5% per annum from the date of this order till the date of realization.