JAGDISH PRASAD SHARMA Vs. ASGAR KHAN

JUDGEMENT

(1.) THIS misc. appeal preferred by the claimants against the award dated 11.1.1999, passed by learned IX Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 56 of 1997, challenges the quantum of compensation, mainly on the ground that the Tribunal has seriously erred in computing the amount by not applying prevalent formula as given in the Schedule. Mr. B.N. Malhotra, learned counsel, on the other hand, submits that the impugned award is based on proper inquiry and need not be interfered in appeal.

(2.) IT is said that on 16.2.1997, at about 11 o'clock, deceased Mahadevi Sharma while travelling in a scooter of her husband Jagdish Prasad met an accident with truck No. CPW 7346, which was being driven negligently and rashly. IT is also said that she was an earning hand being employed in some garment shop. She used to do knitting work for the employer. But, the evidence of the employer saying that the deceased was earning Rs. 2,000 per month from the work, has not been believed. However, coming to the formula as given in the Second Schedule, 1/3rd of the income of the husband is to be calculated as the income of the wife. According to the evidence of Jagdish Prasad, husband of the deceased, at the time of accident, he was drawing salary of Rs. 2,500 after necessary deductions. Thus 1/3rd of Rs. ,2,500 would come to Rs. 833 which, on being multiplied by twelve, would come to Rs. 9,996 per annum. As the age of the deceased was about 41 years at the time of her death, the suitable multiplier to be applied herein would be 15. Thus, the total compensation amount comes to Rs. 1,59,440, which also includes Rs. 9,500 for loss of consortium, loss to estate and funeral expenses. The Tribunal has only awarded a compensation of Rs. 50,000 for no fault liability and Rs. 9,500 for expenditure under different heads. Thus the compensation amount after deduction of Rs. 59,500 from Rs. 1,59,440 comes to Rs. 99,940. Accordingly, the appeal is allowed and the claimants are found to be entitled to get the enhanced amount of Rs. 99,940, which shall be subject to 9 per cent interest from the date of award. However, as the husband of the deceased is a government servant and the children are said to be minors, the said amount is directed to be kept in FDR for twenty years in the name of all the claimants. Accordingly, the misc. appeal is hereby allowed to the extent of enhanced compensation. Appeal allowed.