NATIONAL INSURANCE CO. LTD Vs. MUNNA AHIRBAR

JUDGEMENT

(1.) KALU alias Raju, a Mason by occupation succumbed to injuries received while walking on National Highway 1A when he was hit by Vehicle No. JK02C-2405 near a location known as 17 Miles, on 18.05.2008 at 6 p.m. Claim of compensation for his death moved by his father, mother, two minor sisters and minor brother was allowed by the Motor Accidents Claims Tribunal, Samba on 01.02.2012 awarding them compensation of Rs.5,09,000.00 (Rupees Five Lac Nine Thousand) taking the loss of their dependence on the income of the deceased at Rs.5,04,000.00 (Rupees Five Lac Four Thousand).

(2.) THE National Insurance Company Limited, the insurer of the offending vehicle, is in Appeal against the Tribunal 's Award. Assailing the Award, the appellant 's learned counsel would submit that the Tribunal had erred in selecting 14 as multiplier to determine the dependence of the claimants on the income of the deceased, erroneously proceeding on the premise that the multiplier had to be selected on the basis of the age of the deceased. According to the learned counsel, multiplier required to be applied was to be selected on the basis of the age of the younger parent. Deduction of 1/3rd on account of personal expenses of the deceased who was bachelor, too is questioned urging that 1/2 was required to be deducted on account of personal expenses of the deceased to determine the dependence of the claimants on the income of the deceased.

(3.) CONSIDERED the submissions of learned counsel for the parties and perused the case law cited at the Bar. As the Tribunal has not taken the prospective increase in the income of the deceased into consideration while assessing his monthly income, the first question that may, therefore, falls for consideration is as to whether prospective raise in the income of the deceased, was required to be kept in view to assess average monthly income of the deceased to determine the claimants ' dependence thereon, when the deceased did not have any fixed Salary or was it required to be determined on the income of the deceased at the time of his death. A similar question came up for consideration before Hon 'ble Supreme Court of India in Santosh Devi Vs. National Insurance Co. Ltd. & ors reported as 2012 ACJ 1428 where referring to Sarla Verma & ors vs. Delhi Transport Corporation & anr., reported as 2009 ACJ 1298, it was held as under:-