REHMATBEN AMIBHAI MEMON Vs. MUSTAQ AHMED GULAMBHAI PRANTIJWALA

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 30.11.1996 passed by the Motor Accident Claims Tribunal (Aux.), Sabarkantha at Himmatnagar in Motor Accident Claims Petition No. 335 of 1991 so far as the Tribunal awarded only Rs. 50,000/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 29.11.1990 the son of the appellant was travelling in a jeep bearing registration No. GUZ 7067 which was being driven by the original opponent no. 1 in a rash and negligent manner as a result of which the jeep turned turtle killing the son of the appellant. The appellant along with her husband therefore filed claim petition for compensation to the tune of Rs. 1 lakh. The Tribunal after hearing the parties passed the aforesaid award. The husband of the appellant- original claimant no. 2 died after the award was passed and therefore the present appeal is preferred by only the mother of the deceased ? original claimant no. 1.

(3.) IN the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121it is held as under: ?IN Susamma Thomas this Court increased the income by nearly 100%. IN Sarla Dixit the income was increased only by 50% and in Abat Bezbaruah the income was increased by a mere 7%. IN view of the imponderables and uncertainties,w e are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the decased towards future prospects, whee the deceased had a permanent job and was below 40 years. (Where the annual income is in the taxable range, the words ?actual salary? should be read as ?actual salary less tax?). The addition should be only 30% if the age fo the deceased was 40 to 50 years. There should be no addition, where the age of the deceased is more than 50 years. Thouugh the evidence may indicate a different percentage of increase, it is necessary to standardize the addition to avoid different yardsticks being applied or different methods of calculation being adopted. Wehr e the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.) the courts will usually take only the actual income at the time of death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances. Where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3