MEERA Vs. UDAI BHAN

JUDGEMENT

(1.) THIS appeal has been preferred by appellants aggrieved by award dated 14.06.2006 of learned Motor Accident Claims Tribunal, Fast Track, Kotputli, in MAC Case No.225/2005 (505/2003) ? Smt. Meera and Others Vs. Udai Bhan and Others, by which learned

(2.) TRIBUNAL awarded compensation of Rs.2,06,000/-. Learned counsel for the appellants has raised two fold arguments; one is that there are four dependents and as per the judgment of the Supreme Court in Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another ? (2009) 6 SCC 121, not more than 1/4th should have been deducted for self-expenses of the deceased whereas learned TRIBUNAL has wrongly deducted 1/3rd of the income towards self-expenses of the deceased while calculating loss of dependency. Learned counsel for the claimant-appellants contended that deceased was 55 years of age at the time of his death. He died due to the accident involving a vehicle insured with respondent no.3. At the age of 55, multiplier of 9 ought to have been applied by learned TRIBUNAL. Learned counsel argued that according to the judgment in Sarla Verma, supra, and in view of the fact that there are four dependents, only 1/4th should have been deducted for self-expenses of the deceased, rather 1/3rd. Besides, in that judgment the Supreme Court has also held that for the age group of deceased between 56 and 60 years, the multiplier should be 9.