LAWS(P&H)-2014-11-613

SMT. MAYA Vs. ZOHAR ALI AND OTHERS

Decided On November 04, 2014
Smt. Maya Appellant
V/S
Zohar Ali And Others Respondents

JUDGEMENT

(1.) Maya, the unfortunate mother of deceased Parveen Kumar, aged about 20 years, is in appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hisar vide award dated 30.09.2010.

(2.) The learned Tribunal assessed income of the deceased at Rs. 4,500/- per month, deducted 50% for his personal and living expenses, adopted multiplier of 14 to compute loss of dependency to the tune of Rs. 3,78,000/-. Another amount of Rs. 10,000/- has been allowed for transportation and expenses on funeral and last rites and Rs. 20,000/- for loss of love and affection making total amount of Rs. 4,08,000/-.

(3.) Counsel for the appellant contends that the multiplier adopted by the Tribunal is not in consonance with the ratio laid down in Smt. Sarla Verma and others v. Delhi Transport Corporation and another, (2009) 6 SCC 121 affirmed in Reshma Kumari and others v. Madan Mohan and another, 2013 (2) RCR (Civil), 660. It is further argued that compensation awarded under conventional heads needs reconsideration and enhancement in the light of judgments of Hon'ble the Supreme Court of India in Rajesh and others v. Rajbir Singh and others (2013) 9 SCC 54 and Vimal Kanwar and others v. Kishore Dan and others, 2013 (2) RCR (Civil) 945.