RAMKISHAN Vs. MAJOR SINGH

JUDGEMENT

(1.) THE compensation amount is challenged on a ground of being low and is sought to be enhanced to Rs. 1,00,000/-. It is urged that the Tribunal has not applied a settled formula in calculating the award. On the other hand, learned counsel for the Insurance Company contends that at the most the deceased would have stayed only for another 8 years with the claimants and looking to her family background, she would have been given in marriage thereafter. According to the learned counsel, if a formula of notional income is to be applied, the annual income of the deceased would be said to be Rs. 15,000/- for another 8 years. Thus, it would come to Rs. 1,20,000/-. Out of that towards expenses on the deceased child 1/3 amount would be deducted. Thus, it would come to Rs 80,000/-. Hence, the award appears to be reasonable and it should not be interfered with.

(2.) ON re-appreciation of evidence on record and having heard contentions of learned counsel for the parties, I am of the opinion that the award being low needs to be enhanced on applying the formula of notional income of Rs. 15,000/- per annum. The annual income would be multiplied by 10 as the girl being aged about 10 years at the time of accident would have stayed for a period of about 10 years more before her marriage : looking to average age of female at the time of their marriage in jural area of Madhya Pradesh. The notional income of Rs. 15,000/- on being multiplied by 10 would come to Rs. 1,50,000/- which on deduction of 1/3 towards expenses on the deceased would come to Rs. 1,00,000/-. As the learned counsel has claimed only a compensation of Rs. 1,00,000/- (Oae Lac) which, being within pecuniary jurisdiction of Single Judge in respect of motor accident claim cases, is hereby allowed and in the totality of circumstances, the amount would also include the cremation charges etc. Hence, the respondent No. 3, the Insurance Company is directed to pay Rs. 30,000/- more as the Tribunal has already awarded as per impugned award an amount of Rs. 70,000/-. The enhanced amount shall carry an interest of 9% from the date of award. Accordingly, the appeal succeeds to the extent as aforesaid.