LAWS(P&H)-2018-8-131

MADHU RANI AND OTHERS Vs. VISHESH AND OTHERS

Decided On August 08, 2018
Madhu Rani And Others Appellant
V/S
Vishesh And Others Respondents

JUDGEMENT

(1.) Claim is for enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal, Panipat ( hereinafter referred to as the Tribunal) on account of death of Ravi Kumar, husband of appellant No.1 and father of appellant Nos.2 to 4 (hereinafter referred to as the deceased), on account of injuries sustained by him in a motor vehicular accident on 24.03.2011. Deceased was employed as a driver with Singla Transport, Motia Khan, Delhi, on Truck bearing registration No.RJ-14GB1902. The Tribunal by taking into account the income of the deceased as Rs. 6,000/- per month as against Rs. 9,000/- per month claimed by the appellants, by applying multiplier of '14' and making deduction of 1/3rd of the income of the deceased towards his personal expenses, besides by awarding Rs. 45,000/- towards conventional heads, awarded compensation of Rs. 7,17,000/.

(2.) The award has been challenged on the ground that assessment of income of the deceased at Rs. 6,000/- per month was on the lower side and the same ought to have been taken at Rs. 9,000/- per month, deduction of personal expenses ought to have been made @ 1/4th of the income of the deceased on account of there being four dependents, besides compensation ought to have been awarded by computing future prospects @ 25% of the established income of the deceased, compensation of Rs. 70,000/- ought to have been awarded under conventional heads and lastly, interest awarded ought to have been @ 7.5 % p.a., in view of prevailing RBI rates for the relevant period.

(3.) Learned Counsel for respondent No.3 on the other hand contended that the income of the deceased had been assessed correctly, therefore did not warrant enhancement. Learned counsel further contended that appellants were not entitled to compensation under heads of transportation charges and loss of love and affection as only three conventional heads were recognized by Hon'ble the Supreme Court in National Insurance Company Ltd. versus Pranay Sethi and Others, (2017) 4 RCR(Civil) 1009.