SANTI Vs. DAYA RAM

JUDGEMENT

(1.) THESE three appeals have been filed assailing the award of the Motor Accident Claims Tribunal, Kotputli, District Jaipur dated 5th May, 2009 for enhancement of compensation of Rs. 2,62,000/ - awarded in SBCMA No. 3679/09 for the death of Smt.Malli Devi aged 25 years, Rs. 56,000/ - awarded in SBCMA No. 3678/0.9 for the injuries sustained by Smt.Santi -the appellant aged 40 years at the relevant time and Rs. 4,21,000/ - awarded in SBCMA No. 3680/09 for the death of Kabool aged 30 years husband of appellant No.1 -Smt.Bhanwari Devi in a road accident involving the vehicle insured with respondent No. 3 -The Oriental Insurance Company Ltd. Hence, they are being decided by this common order.

(2.) CONTENTION of the learned Counsel for the appellants in SBCMA No. 3679/2009 is that deceased - Smt.Malli Devi was a woman aged 25 years. Learned Tribunal erred in law in accepting her income to be on notional basis at Rs. 15,000/ - per annum. Even if she was a house hold woman, her contribution to the family should atleast be accepted at Rs.3,000/ - per month as per the judgment of Supreme Court in Arun Kumar Agrawal and another v. National Insurance Company & Ors., J.T. 2010 (7) S.C. 304 : 2010 A.C.J. 2161 : 2010 (3) T.A.C. 769. She was an agriculturist and was running a embroidery shop in Kotputli. Her income should be accepted at Rs. 3,000/ - per month while computing loss of dependency. Deceased at the relevant time was 25 years of age and the Tribunal has accepted her age between 20 -25 years, and, therefore, as per the judgment of the Supreme Court in Sarla Verma & Others v. Delhi Transport Corporation & Another, (2009) 6 S.C.C 121 : 2009 (2) T.A.C. 677 (S.C), multiplier of 18 would be applicable instead of 17. There being four dependents, 1/4th would be deducted.

(3.) CONSIDERING therefore aforesaid argument, S.B. Civil Misc.Appeal No. 3679/2009 (Rajendra @ Lala Ram & Ors. v. Daya Ram & Ors.) deserve to succeed and same is accordingly allowed in part. Award of the Motor Accident Claims Tribunal, Kotputli, Jaipur dated 5th May, 2009 is modified to the following extent: