MAHADEVI Vs. MANOHARLAL CHHAWADA

JUDGEMENT

(1.) This Misc. Appeal has been filed by the appellants for enhancement against the award dtd. 8/3/2011 passed by the 14th Motor Accident Claims Tribunal, Gwalior, in Claim Case No.68/2010.

(2.) Learned counsel for the appellants has submitted that learned Claims Tribunal has wrongly assessed the net salary of the deceased as his monthly income. He relied upon the decision of the Apex Court in the case of National Insurance Vs. Indira Shrivastava, 2011(3) ACJ 1441 and submitted that in view of the said decision gross income should have been considered by the Claims Tribunal as monthly income of the deceased. It is further submitted that despite deceased was having 7 dependents, learned Claims Tribunal has deducted 1/3rd of the income on account of personal expenses, while 1/5th of Signature Not Verified the income of the deceased should have been deducted as his personal expenses. It is further submitted that claimants are also entitled for future prospects in the light of the decision of the Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi as reported in 2017 (16) SCC 680 and a sum Rs.70,000.00 for loss of estate, loss of consortium and funeral expenses should have been awarded Learned counsel for the respondents/Insurance company have supported the impugned award.

(3.) Heard learned counsel for the parties and perused the record. In view of the aforesaid decision of the Apex Court in the case of Indira Shrivastava (supra), Claims Tribunal should have considered gross salary of the deceased as his monthly income which is Rs.17,748.00. Thus, his annual salary would be Rs.2,12,976.00. In view of the decision of the Apex Court in Sarla Verma and Others Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 as the deceased was having 7 dependents, hence, 1/5th of the income of the deceased should have been deducted towards his personal expenses. Thus, total amount comes to Rs.1,70,381.00. As the age of the deceased was between 40 to 50 years and he was employed in Govt. Maharani Laxmibai Grils Higher Secondary School, Morar, as Assistant Teacher, therefore, in view of the decision of the Apex Court in the case of Pranay Sethi (Supra) claimants are entitled to addition of 30% in this amount. Thus, total amount comes to Rs.2,21,501.00. If multiplier of 14 is applied as applied by the Claims Tribunal in this amount, then total amount comes to Rs.31,01,014.00. Beside this, claimants are entitled to a sum of Rs.70,000.00 under miscellaneous heads (loss of estate, loss of consortium and funeral expenses). Thus, total compensation comes to Rs.31,71,014.00. The Claims Tribunal Signature Not Verified awarded a sum of Rs.18,14,576.00. Thus, claimants are further entitled to a sum of Rs.13,56,438.00.