SHIV SINGH Vs. DHEER SINGH

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement has been filed by the appellants -father and mother of the deceased Bhanwar Singh, who died in road accident on 13.03.1998, against the award dated 25.02.2004, passed by the Motor Accident Claims Tribunal, Jodhpur (for short 'Tribunal') in MAC Case No. 148/1998, whereby, the Tribunal has awarded a sum of Rs. 1,40,600/- alongwith interest @ 9% per annum from the date of filing application i.e. 02.06.1998.Learned counsel for the appellants submitted that deceased was aged about 20 years at the time of accident and as per the principles laid down in the case of Sarla Verma v. Delhi Transport Corporation: (2009) 6 SCC 121, for the age group of 15-20, multiplier of 18 is applicable, whereas the Tribunal has applied multiplier of 14; no money has been awarded in the head of future prospects; the Tribunal has grossly erred in not awarding compensation towards consortium.

(2.) Learned counsel further submitted that the income of the deceased was assessed as Rs. 700/- per month, whereas at the relevant time, the minimum wages prescribed for an unskilled, semi-skilled and skilled worker was Rs. 1144/-, Rs.1222/- and Rs. 1300/- per month, respectively. It was submitted that while assessing the income of the deceased, the minimum wages prescribed for workman should be considered by the Tribunal as per the facts and circumstances of the each case.

(3.) It was further submitted that compensation should be reassessed in terms of law laid down by the Larger Bench of Hon'ble Supreme Court in the matter of National Insurance Company Ltd. v. Pranay Sethi and Ors. : (2017) 16 SCC 680.