KIRPAL KAUR Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) THE present appeal has been filed by the widow and the sons, respectively, of the deceased -Gursharan Singh for enhancement of the compensation granted to them by the learned Motor Accidents Claims Tribunal, Ropar (for short, the 'Tribunal').

(2.) GURSHARAN Singh is stated to have died on 24.11.2002 in an accident caused by one Maruti Van bearing registration No. DL -4C -6273 being driven by respondent No. 1 rashly and negligently at a high speed without blowing any horn. The said Maruti Van had struck against the bicycle of Gursharan Singh. As a result of which, he sustained grievous injuries and finally succumbed to the injuries. The deceased -Gursharan Singh, aged 52 years is stated to had been employed as a Punjabi Teacher in the Govt. Middle School, village Sihon Majra, Tehsil and District Ropar and drawing Rs. 15,695/ - as salary and also stated to be earning Rs. 5,000/ - per month approximately from agricultural and dairy farming.

(3.) AFTER hearing the learned counsel for the parties and perusing the record, it is clear that the income of the deceased has been rightly assessed at Rs. 15,000/ - per month on the basis of his Last Pay Certificate, Ex. P1 and the deduction to the tune of 1/5th has been made on account of his personal expenses thereby calculating the annual dependency of the claimants at Rs. 1,44,000/ -. However, multiplier of only 4 has been applied by the learned Tribunal, which is unjustified. As per the judgment of Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, : 2009(3) RCR (Civil) 77, multiplier of 11 is required to be applied in this case. Therefore, the total amount of income would come to Rs. 15,84,000/ -. Out of the said amount, a sum of Rs. 76,000/ - is to be deducted on account of income tax. Keeping in view the fact that the deceased was about 52 years of age, an addition of 15% is required to be awarded on account of future prospects as held by the Hon'ble Supreme Court in Rajesh and others v. Rajbir Singh and others, : 2013(3) RCR (Civil) 170, (Supreme Court) i.e. an amount of Rs. 2,26,200/ - (15% of 15,08,000). Loss of consortium is assessed at Rs. 10,000/ - and Rs. 2500/ - as funeral expenses. Thus, the total amount of compensation is assessed at Rs. 17,46,700/ - (1584000 -76000+226200+10000+2500) alongwith interest on the enhanced amount at the rate of 6% from the date of filing of the petition till realization. The apportionment of the aforesaid compensation would be made to the claimants in the same ratio as granted by the learned Tribunal.