LEELAWATI Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by claimants dissatisfied with award dt. 22.08.2009 of learned Motor Accident Claims Tribunal Jaipur (Judge, Special Court, Communal Riots), in MAC Case No.14/2009 (49/1998), by which learned Tribunal awarded a compensation of Rs.4,05,000 to claimants. Learned counsel for claimants -appellants has made several arguments, however, he finally confined his argument to only one aspect that since there were/are six dependents, learned Tribunal ought not to have made deduction of 1/3rd for self -expenses of the deceased, and in view of the judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another, : (2009) 6 SCC 121, now such deduction cannot be more than 1/4th because number of claimants in the present case were/are six. He further submits that a lesser compensation has been awarded for loss of consortium.

(2.) LEARNED counsel for respondent no.3 insurance company opposed the appeal and submitted that amount of Rs. 10,000/ - has been rightly awarded by learned Tribunal for loss of consortium and the impugned award needs not be interfered with.