KAMLA DEVI Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the award of the Motor Accident Claims Tribunal, Solan dated 9.1.2003 whereby the learned Tribunal has assessed the total compensation payable to the claimants at Rs.2,24,000/-.

(2.) SINCE no appeal has been filed by the owner or the driver, only two questions arise for decision in this case; firstly, whether the State of Haryana is liable to pay the compensation and secondly, whether the compensation is liable to be enhanced, if so, to what amount.

(3.) AS far as the second contention is concerned, it has come on record that the income of the deceased was Rs.2000/- per month. It also stands proved on record that the deceased was aged about 35 years at the time of the accident. Following the law laid down by the Apex Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, and by this Court in Naina Thakur and others vs. Punjab women's Welfare Colleges Board and others, FAO No.437 of 2004 decided on 17.9.2009, it is held that out of the income of Rs.2000/-, 1/3rd has to be deducted for the personal expenses of the deceased which would work out to Rs.650/- per month. The balance of Rs.1350/- per month would be assessed to the dependency of the widow and the four minor children. AS per Sarla Verma's case appropriate multiplier would have been 16 and in case this multiplier is applied the compensation works out to Rs.2,59,200/-. In addition thereto, the widow is entitled to Rs.10,000/- for loss of consortium and another sum of Rs.10,000/- can be awarded for bringing the body from Haryana to Kumarhatti. A further sum of Rs.10,000/- is awarded as conventional damages. Thus, the total award amount comes to Rs.2,89,200/-, which is rounded off to Rs.2,90,000/-.