SUKHRAM AND ORS. Vs. DHEER SINGH AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the claimant appellants seeking enhancement of compensation of Rs.2,00,000/- that was awarded by the Motor Accident Claims Tribunal, Alwar vide award dated 19/9/1998 in regard to the death of Smt.Kalavati wife of appellant No.1 Sukhram and mother of appellants No.2 to 7 in a road accident, which took place on 16/9/1995 involving the vehicle insured with the respondent insurance company.

(2.) Contention of the learned counsel for the appellants in assailing the quantum of compensation is that learned Tribunal erred in law while deducting 1/3 rd towards the own expenses of the deceased, whereas deductions of 1/5 th should have been made in view of number of dependents being seven as per the judgment of Supreme Court in Sarla Verma & Others Vs. Delhi Transport Corporation & Another, 2009 6 SCC 121. Learned Tribunal has also not awarded anything under the head of 'future prospects' in the light of the judgment of Supreme Court in Santosh Devi Vs. National Insurance Co.Ltd.& Ors. : CIVIL APPEAL NO.3723 OF 2012 (arising out of SLP (C) No. 24489 of 2010) decided vide order dated 23/4/2012. Learned Tribunal also erred in law while adopting the lower multiplier of 15 instead of 17, which is applicable at the age of 30 years, as per the judgment of Supreme Court in Sarla Verma supra. Learned Tribunal has also erred in while accepting the income of the deceased at Rs.1500/- per month, whereas she was earning Rs.2500/- per month from the work of stitching of clothes at home. Enhancement has also been prayed for loss of clothes.

(3.) Learned counsel for the respondent has opposed the appeal but could not rebut the ratio of judgments of Supreme Court in Sarla Verma and Santosh Devi supra being applicable in the facts of the present case.