LADU RAM Vs. ABDUL SHARIF

JUDGEMENT

(1.) THIS appeal is directed against the award dated 9.3.1992 passed by the Motor Accident Claims Tribunal, Jaipur City in Claim Case No. 653/1988 for enhancement of the amount of compensation as awarded by the learned Tribunal on account of death of one Shri Babulal, who died in a motor accident, which took place on 28.6.1988.

(2.) LEARNED Counsel appearing on behalf of the appellants submits that while deciding issue No. 3, the learned Tribunal committed an error in making deduction twice over while arriving at the loss of income on account of the death of the deceased. The learned Tribunal assessed the income of the deceased as Rs. 1,000/ - only and deducted Rs. 400/ - towards personal expenses and assessed the contribution towards family as Rs. 600/ - per month. Thus, the compensation was arrived at as 600 x 12 x 25 = Rs. 1,80,000/ - as in the view of the learned Tribunal, the deceased would have lived upto the age of 65 years and contributed till his death as he was engaged in the business of selling milk. Thereafter, the learned Tribunal reduced the aforesaid amount by deducting 1/3rd of the amount Rs. 60,000/ - on account of uncertainties of life out of Rs. 1,80,000/ -. The submission of learned Counsel for the appellants is that this subsequent deduction of Rs. 60,000/ - on account of uncertainties of life is not in accordance with settled principle of law. Learned Counsel for the appellants, therefore, submits that such deduction twice over has resulted in an error of law and inadequate award of compensation.

(3.) THE aforesaid position is not disputed at the bar by the respondents. Consequently, I would modify the award by determining the compensation as Rs. 1,80,000/ - on account of loss of earning and dependency of the deceased as Rs. 600/ - per month as arrived at by the learned Tribunal and subsequent deduction of 1/3rd on account of the uncertainties of life being impermissible is liable to be set aside and the claimants should be entitled to the entire amount of Rs. 1,80,000/ - as assessed by the learned Tribunal.