LAWS(P&H)-2018-5-337

CHANDERWATI AND OTHERS Vs. AZAD SINGH AND OTHERS

Decided On May 29, 2018
Chanderwati And Others Appellant
V/S
Azad Singh And Others Respondents

JUDGEMENT

(1.) Widow, four sons and daughter of the deceased Nahar Singh who died in an accident on 10.02.1993 at the age of 46 years while driving a 'Jugaad' (unauthorized, improvised, unregistered vehicle) were awarded compensation of Rs. 60,000/- by holding it to be a case of contributory negligence. The Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as 'the Tribunal') assessed income of the deceased as Rs. 1500/- per month as against claimed income of Rs. 4000/- and by taking into account six dependents of deceased, made a deduction @ 1/3rd and by applying multiplier of 10, awarded compensation of Rs. 1, 20,000/- less Rs. 60,000/- on account of contributory negligence.

(2.) Prayer is for enhancement of compensation awarded. Learned counsel for the appellants/claimants contended that the income of the deceased had not been properly assessed. Besides, deduction towards personal expenses had been wrongly made @ 1/3rd of the income of the deceased as against the requirement to make a deduction @ 1/4th on account of the deceased having left behind six dependants. Learned counsel contended that multiplier of 10 had been wrongly applied as against the requirement to apply multiplier of 13 on account of the deceased being 46 years old at the time of death. Besides, no amount had been awarded on account of conventional heads. Lastly, no future prospects had been awarded.

(3.) Learned counsel for the Insurance Company has vehemently argued that in the absence of any evidence having been led by the appellants, the learned Tribunal rightly assessed the income of the deceased at Rs. 1500/- per month. He, however, fairly did not controvert the claim of the appellants qua deduction to be made @ 1/4th instead of 1/3rd, for application of multiplier 13 instead of multiplier 10, for award of compensation on account of conventional heads @ Rs. 40,000/-, Rs. 15,000/-, Rs. 15,000/- towards loss of consortium, loss of estate and funeral expenses respectively. He also did not oppose the claim for award of future prospects, though he very fairly contended that future prospects were to be awarded @ 25% of the income assessed, minus the tax component on account of the deceased being 46 years of age in view of the decision of Hon'ble the Supreme Court in National Insurance Company Limited v. Pranay Sethi and others, 2017 4 RCR(Civ) 1009.