BHAGWATI Vs. SHISH PAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 11.11.1992 passed by the Motor Accident Claims Tribunal, Jaipur in M.A.C. No. 873/1991 for enhancement of the compensation awarded on account of death of Shri Jagdish in a motor accident, which took place on 2.7.1991.

(2.) BRIEF facts giving rise to the present appeal are that on 2.7.1991 the deceased met with a motor accident involving a Tanker (Truck) bearing No. RSZ 8402 being driven by respondent No. 1 rashly and negligently.

(3.) HAVING considered the rival submissions at the bar, I hold that in the instant case in the light of the observations made by the Hon'ble Supreme Court, the notional income of the deceased should be taken as Rs. 2,000/ - and in the light of the provisions contained in the Schedule -II of the Motor Vehicles Act, 1988, the multiplier should be taken as provided for person 25 to 30 years of age is 18. Consequently, the compensation which the appellant would be entitled, is assessed as 2000 x 12 x 18 = Rs. 4,32,000/ - and an amount of 1/3rd from the aforesaid amount is consequently liable to be deducted for personal expenses. Thus, the dependency of the family i.e., the appellant is assessed as Rs. 4,32,000/ - minus Rs. 1,44,000/ - leaving a balance of Rs. 2,88,000/ - (two lac eighty eight thousand), which the appellants are held entitled to receive from the respondents as compensation in the head of loss of income/dependency. Since the Tribunal had awarded a sum of Rs. 2,40,000/ - in this head, the appellant shall be entitled to receive the enhanced amount i.e., Rs. 2,88,000/ - minus Rs. 2,40,000/ - = Rs. 48,000/ -. Consequently, this appeal is partially allowed to the extent of Rs. 48,000/ -.