JASWANT SINGH Vs. NAGAR NIGAM KOTA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 5th March, 2004 rendered by Motor Accident Claims Tribunal, Kota, whereby the learned Tribunal assessed the monthly income of the deceased to be Rs. 1800/- and after deducting 50% amount of compensation as the deceased was unmarried, determined the annual dependency to be Rs. 10,800/- and after applying the multiplier of 17, decreed an amount of Rs. 1,85,600/- in favour of claimants-appellants and against the non claimants-respondents. The instant appeal has been filed by the appellants for enhancement of quantum of compensation.

(2.) LEARNED counsel for the appellants canvassed that the accident took place in the year 2002 and if we take into consideration Rs. 68/- per day to be the minimum wages as per Minimum Wages Act, the monthly income of the deceased comes to Rs. 2040/-, but the learned Tribunal arbitrarily assessed Rs. 1800/- to be the monthly income of the deceased. LEARNED counsel further canvassed that since the deceased was unmarried, therefore, after deducting 50% amount of income, the annual dependency comes to Rs. 1020 X 12 = Rs. 12,240/-. LEARNED counsel also canvassed that after applying the multiplier of 17, the loss of income comes to Rs. 2,08,080, but the learned Tribunal awarded only an amount of Rs. 1,83,600/-. Thus, the learned Tribunal erred while computing the quantum of compensation. Hence, the quantum of compensation needs to be recalculated and impugned award deserves to be modified.