MONA Vs. VARINDER SINGH JAURAS

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of a male aged 32 years. The claimants were widow and minor daughter. He was said to be running a shop and was earning Rs. 10,000/ - per month. He was also said to be augmenting his income by selling artificial flowers for another Rs. 5000/ - per month. The income tax return for the assessment year 2006 -07 revealed the income of the deceased at Rs. 98,600/ - per annum. In the absence of any subsequent income tax return from the year 2006 -2007, the Tribunal took the income of the deceased at Rs. 5,000/ - per month, applied a 1/3rd deduction and adopted a multiplier of 15 to assess the loss of dependence at Rs. 6 lacs. In addition to that, the Tribunal has also provided for Rs. 3000/ - towards expenses incurred on last rites, Rs. 54,088/ - on account of expenses incurred on treatment prior to his death and Rs. 5000/ - each for loss of consortium and loss of love and affection.

(2.) I will retain the income of the deceased as assessed by the Tribunal at Rs. 5000/ - per month but I will also provide for prospect of future increase at 50%. I will apply deduction at 1/3rd for personal consumption of the deceased and adopt a multiplier of 16 to assess the loss of dependence at Rs. 9,60,000/ -. I will retain the amount provided for the amount spent on treatment of the deceased before his death as assessed by the Tribunal. I will tabulate the various heads of claims as under: -

(3.) AS regards the share of the widow, since the accident has taken place in the year 2009 and I have provided for a multiplier of 16, I would allow for withdrawal of 40% of the amount and rest of 60% shall be invested by splitting into 6 equal portions, 1st portion for a period of one year, 2nd portion for a period of two years, 3rd portion for a period of three years and so on upto 6 years. The amount shall be deposited in a nationalized bank and it shall be disbursed to the widow on the respective dates of maturity of the deposit on the instructions to the banker to disburse the same directly under advice to the Motor Accident Claims Tribunal. As regards the claim of the minor child, 75% of the amount shall be allowed to be withdrawn on attaining the date of majority by the child and rest of 25% shall be invested by splitting into 3 equal portions, 1st portion for a period of one year, 2nd portion for a period of two years, 3rd portion for a period of three years. The said amount shall also be held in nationalized bank with instructions to disburse directly without having to apply through the Tribunal but under advise to the Tribunal.