BEDO Vs. KAPOOR SINGH

JUDGEMENT

(1.) Mother of deceased- Samar Singh is in appeal before this Court against the award dated 10.3.2009, passed by Motor Accidents Claims Tribunal, Rohtak (for short, `the Tribunal') seeking enhancement of compensation awarded by the Tribunal.

(2.) Briefly, the facts are that on 13.5.2007, when deceased-Samar Singh was standing near Shikhar Chand & Brothers Petrol Pump, Hansi, a tractor bearing No. HR-46-5390, driven by respondent No. 1 rashly and negligently and at high speed came from Hissar side and struck into Samar Singh, due to which he sustained grievous injuries and died at the spot. The appellants claimed compensation to the tune of Rs. 4,25,000/-. Vide impugned award, the Tribunal awarded compensation of Rs. 1,49,000/-.

(3.) Learned counsel for the appellant submitted that the deceased in the present case was 40 years of age. He was the only bread earner of the family and both the parents were fully dependent upon him for their livelihood. He was working as driver at a monthly salary of Rs. 3,300/-. The learned Tribunal has erred in law in not taking his salary at Rs. 3,300/- per month and reducing the same to Rs. 3,000/- without there being any basis. Half of the income so determined was deducted on account of his personal expenses, which is on higher side considering the fact that the deceased had already crossed his marriageable age being 40 years at the time of accident. His parents were fully dependent upon him and the deduction should not have been more than 1/3rd considering that there were three family members. He further submitted that multiplier of eight, applied by the Tribunal, is also on the lower side which deserves to be enhanced. On the other hand, learned counsel for the Insurance Company submitted that considering the fact that the deceased was bachelor, sufficient amount of compensation has been determined by the Tribunal and there is no scope for further enhancement. Merely because the deceased was 40 years of age, it cannot be presumed that he was not going to get married. The dependency has rightly been determined and correct multiplier has been applied considering the age of the claimants, who were 56 and 60 years of age. Heard learned counsel for the parties and perused the paper book. The fact that the deceased was 40 years of age and unmarried is not in dispute. It was claimed that he was working as a driver at a salary of Rs. 3,300/- per month and was the only bread earner of the family. As there was no documentary proof as such, but still considering the statement of his employer, who stated that he was paying Rs. 3,300/- per month to the deceased for driving his tractor, in my opinion, the learned Tribunal has not committed any illegality in assessing the income of the deceased at Rs. 3,000/- per month, which even a daily wager would have got. As far as deduction on account of personal expenses is concerned, in my opinion, the learned Tribunal has not applied the correct principle. In the present case, though the deceased was bachelor, but he was 40 years of age. His income was merely Rs. 3,000/- per month and he had his old parents also to maintain. Under these circumstances, there is weight in the argument of learned counsel for the appellants that his marriageable age had already crossed, meaning thereby there were three units in the family and the deceased was to maintain his parents throughout their life time. Considering the fact that there were three units in the family, a cut of 1/3rd would be appropriate under these circumstances. Accordingly, after application of 1/3rd cut in the income of Rs. 3,000/- per month, as assessed, the annual dependency of the deceased would be Rs. 24,000/-. As far as application of multiplier is concerned, in my opinion, the same does not call for any interference considering the fact that age of the parents of the deceased was 56 and 60 years. If Rs. 24,000/- is multiplied by eight, the amount of compensation would come out to Rs. 1,92,000/-. In addition to this, in my opinion, the parents are also entitled to Rs. 2,000/- on account of transportation of dead body of the deceased; Rs. 5,000/- on account of expenses incurred on last rites and Rs. 10,000/- on account of loss of consortium. The total amount of compensation would come out to Rs. 2,09,000/-.