NATIONAL INSURANCE CO. LTD Vs. LEELA DEVI

JUDGEMENT

(1.) THIS Appeal is for reduction of compensation of Rs. 9,65,150/- awarded for the death of Prem Ram, who was aged about 49 years at the time of the accident, which took place on 05.09.2010.

(2.) BEFORE the Motor Accident Claims Tribunal (the Claims Tribunal), PW-1 Bhupinder Kumar (the deceaseds son) deposed that his father was working as a Security Guard and was earning Rs. 8,000/- per month. In the absence of any cogent evidence with regard to the deceaseds income or his educational qualification, the Claims Tribunal took the minimum wages of an unskilled worker i.e. Rs. 5278/-, added 50% towards inflation; deducted one-fourth towards the personal and living expenses, as per the number of dependents and applied the multiplier of ,,13 to arrive at the figure for loss of dependency as Rs. 9,30,150/-. After adding of notional sums towards the non-pecuniary damages, the overall compensation of Rs. 9,65,150/- was awarded.

(3.) THERE is no dispute that as per the attested copy of the Ration Card, proved on record, deceased was aged about 51 years whereas as per the attested copy of the Voter Identity Card, he was aged about 49 years on the date of the accident. Since provision of Chapter X of the Motor Vehicles Act with regard to the grant of compensation for injuries or death to the Claimants is a social welfare legislation, therefore, in view of the contradictory evidence, the age which is beneficial to the Claimant must be considered to compute the loss of dependency. The Tribunal was, therefore right in accepting the deceaseds age as 49 years. Otherwise also, the Voter Identity Card is a more authentic document than the Ration Card. The Tribunals discretion in accepting the age as mentioned in the Voter Identity Card which was prepared much before the accident, therefore, cannot be faulted.