VANDANA Vs. BHARAT SINGH

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed by the claimants being aggrieved by award dated 19.05.2017 passed by the Court of Motor Accident Claims Tribunal, Datia in Claim Case No.20088/2016.

(2.) Learned counsel for the appellants submits that learned Claims Tribunal has considered wages of the deceased on the date of the accident i.e. 26.03.2016 at Rs.4,000/- per month against the minimum wages of Rs.6,575/-. It is also submitted that age of the deceased has been considered to be above 50 years, whereas deceased had not completed 50 years of age, inasmuch as in para 30 of the impugned award a photo copy of driving licence of the deceased has been produced in which his date of birth has been mentioned as 08.08.1966, therefore, he had not completed 50 years of age and this will be entitled to a multiplier of 13 instead of 11, as has been applied by learned Claims Tribunal.

(3.) It is also submitted that since deceased is survived by four dependents, therefore, in the light of the law laid down in the case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Another as reported in (2009) 6 SCC 121, 1/4 deduction should have been made from the notional income of the deceased rather than 1/3, which has been made by learned Claims Tribunal. It is also submitted that Claims Tribunal has awarded a sum of Rs.43,100/- towards the treatment, which deceased had undertaken and therefore, same amount should be continued. Learned counsel for the appellants also fairly conceded that though under miscellaneous heads a sum of Rs.1,25,000/- has been awarded but claimants are entitled to only a sum of Rs.70,000/- in the light of the law laid down in the case of National Insurance Company Ltd. Vs. Pranay Sethi as reported in 2017 SCC Online SC 1270. It is also submitted that claimants are entitled to add 25% in the notional income of the deceased on account of he being below 50 years of age on the date of the accident as per the ratio laid down in the case of Pranay Sethi (supra).