CHAMAN BANO Vs. RSRTC

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant appellants seeking enhancement of compensation of Rs. 5,67,000/ - that was awarded by the Motor Accident Claims Tribunal, Sikar camp Srimadhopur vide award dated 11th October, 2006 for the death of Mohd.Ikbal in a road accident involving the vehicle i.e. the bus of the RSRTC

(2.) CONTENTION of the learned Counsel for the appellants in assailing the award of the Tribunal is that the learned Tribunal has erred in law while deducting l/3rd, whereas number of dependents are four and 1/4th should have been deducted as per the judgment of Supreme Court in Sarla Verma & Others v. Delhi Transport Corporation & Another : (2009) 6 SCC 121. Learned Tribunal further erred in law while accepting monthly income of the deceased only at Rs.3,000/ -, whereas at the time of accident, the deceased was earning Rs.5,000/ - per month. Learned Tribunal has also not awarded anything under the head of "future prospects" as per the judgment of Supreme Court in Santosh Devi v. National Insurance Company Ltd. and others, dated 23rd April, 2012 passed in Civil Appeal No. 3723 of 2012 arising out of SLP (C) No. 24489 of 2010 : 2012 (3) T.A.C. 1 (S.C).

(3.) UPON hearing learned Counsel for the parties and perusing the impugned award, I find that award for a sum of Rs.50,000/ - awarded to appellant No. 4 for loss of love and affection is towards the higher side as compared to appellant No. 1 -wife, who has also been awarded Rs.50,000/ - for loss of consortium. Similarly, Rs.15,000/ - each awarded to the father and mother for loss of future care is also towards the higher side. Multiplier of 17 instead of 18 should have been applied as per the judgment of Sarla Verma supra because the deceased was 30 years of age at the time of accident. Learned Tribunal should have added 30% in the assessed income towards the 'future prospects ' because Supreme Court in Santosh Devi supra has held that the labours and employees working in private and unorganized sectors should also be held entitled to future prospects. The Supreme Court took judicial notice of the fact that with a view to meeting the challenges posed by high cost of living, the persons falling in that category are affected more adversely. It was held that a person who is self -employed or is engaged on fixed wages should also get 30% increase in his total income. Learned Tribunal has erred in law while deducting 1/3rd instead of l/4th towards the own expenses of the deceased as per the judgment of Sarla Verma supra because number of dependents are four.