SUREYA BEGUM Vs. BALU RAM

JUDGEMENT

(1.) Claimants have preferred this appeal dissatisfied with quantum of compensation of Rs.3,54,000/- in a death claim, awarded by learned Motor Accident Claims Tribunal Jaipur, vide its award dated 07.02.2007 in MAC Case No.357/2006. Prayer is made for enhancement of awarded compensation.

(2.) First argument of learned counsel for appellants is that learned Tribunal has wrongly read Exhibit-13 and on that basis has taken monthly income of deceased at Rs.2699/-, whereas this amount was only for 19 days and not for one month. Exhibit-13 is register of wages and at its Serial No.11 name of deceased Chand is shown. Ninth column of Exhibit-13 shows total number of days for which salary is payable and 19 days are shown against name of deceased Chand and net amount payable to deceased is shown to be Rs.2699/- for 19 days and not for one month, whereas learned Tribunal has taken it to be wages for one month. Learned counsel argued that salary of deceased for one month was Rs.4,000/-, which is proved from Exhibit-11, salary certificate dated 05.10.2005, issued by the Kapur Press, where deceased Chand was employed during relevant period and his last drawn salary is shown to be Rs.4000/- and therefore, learned Tribunal, for the purpose of computation of compensation, should have accepted monthly salary of deceased at Rs.4000/-.

(3.) Secondly, learned counsel for appellants argued that there are four dependents of deceased and, in view of judgment of Supreme Court in Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another, 2009 6 SCC 121, learned Tribunal ought to have made 1/4th deduction rather 1/3rd. In Sarla Verma, supra, the Supreme Court held that if number of dependents are four to six, deduction should be of 1/4th for own expenses of deceased on analogy that deceased in that event would have spent more on the family rather than himself.