NEW INDIA ASSURANCE CO LTD Vs. KIRAN

JUDGEMENT

(1.) THE Appeal is directed against a judgment dated 14.11.2003 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.3,68,448/- was awarded in favour of the Respondents No.1 to 4 for the death of one Balwan who died in a motor vehicle accident which occurred on 08.02.1995.

(2.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of maruti van No.DL-8CA-1580 driven by the Respondent No.6 in rash and negligent manner. The Claims Tribunal declined to believe that the deceased while working as a barber was earning Rs.2,500/- to 3,000/- per month as claimed by the First Appellant (PW1). Thus, it took the minimum wages of a skilled worker Rs.1919/- per month, added 50% towards future prospects, deducted 1/3rd towards personal and living expenses and applied a multiplier of 16 to compute the loss of dependency as Rs.3,68,448/-.

(3.) AS far as quantum of compensation is concerned, even without addition towards future prospects, the compensation of Rs.3,68,488/- cannot be said to be exorbitant. The Claims Tribunal while computing the loss of dependency made 1/3rd deduction towards personal and living expenses which should have been 1/4th as the number of dependents were five on the date of the accident(Smt. Attro the deceased's mother died during the pendency of the Claim Petition). The appropriate multiplier at the deceased's age (28years) was 17 as against 16 adopted by the Claims Tribunal. (Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121). The loss of dependency without future prospects thus comes to Rs.2,93,607/-. (1919 x 12 x 3/4 x 17).