SHAYAM BAI Vs. RAJ BAHADUR

JUDGEMENT

(1.) The claimants are the widow and minor children of Shiv Baher who died in an automobile accident on 4.1.1995. The Third Additional Motor Accidents Claims Tribunal, Satna awarded Rs. 88,000 as compensation for his death. They have filed this appeal for enhancement of compensation.

(2.) The learned counsel for the appellants argued that Tribunal miscalculated their dependency and also went wrong in making a deduction of '/3rd from the final amount calculated by it as their dependency including loss of consortium. The learned counsel for the respondents tried to justify the award.

(3.) A perusal of the record shows that the deceased was aged 40 years at the time of the accident. He was a lower division clerk in the office of the Commissioner, Land Acquisition and Rehabilitation, Ban Sagar Project. His salary was Rs. 1,834 per month, as per certificate Exh. P1. He would have earned increments and promotions in due course and would have got the benefit of revision of pay from time to time. His income should, therefore, be taken to be Rs. 3,000 per month. Allowing a deduction of '/3rd for personal living expenses the dependency of the claimants would come to Rs. 2,000 per month or Rs. 24,000 per annum. Looking to the age of the deceased and that of his heirs a multiplier of 12 would be appropriate. The compensation would thus work out to Rs. 2,88,000. To this we would add Rs. 5,000 as loss of consortium, Rs. 2,000 as funeral expenses and Rs. 2,500 as loss to the estate. The total compensation would thus come to Rs. 2,97,500. The appellants would, therefore, be entitled to get a sum of Rs. 2,97,500 with interest at the rate of 12 per cent per annum from the date of application till realisation.