BHONTI DEVI Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the award dated 18. 4. 95 passed by the Motor Accidents Claims Tribunal, jaipur City in a Claim Petition No. 39 of 1989 whereby a sum of Rs. 63,500 has been paid as compensation on account of death of a 55 years aged salaried person, on the ground that the Tribunal has not passed the genuine award, taking into consideration the salary of the deceased.

(2.) HEARD the learned counsel for the parties and perused the record.

(3.) ACCIDENT took place on 11. 9. 1988. The income of the deceased has been proved as Rs. 3,390 per month as the deceased was drawing this amount as salary from Government Senior Secondary school, Sikrai (Dausa), Exh. 50. The salary of the deceased has not been taken into consideration while determining the compensation. Though, the claim petition was decided on 18. 4. 1995, the Second Schedule was incorporated in the Motor Vehicles act by Act 54 of 1994, effective from 14. 11. 1994. Tribunal should have taken into consideration the structured formula which has been approved (sic suggested)by the Hon'ble Apex Court vide judgment delivered in the case of General Manager, kerala State Road Trans. Corpn. v. Susamma Thomas, 1994 ACJ 1 (SC), while determining the compensation. Learned counsel for the appellants submitted that though it has been brought to the notice of Tribunal, despite that M. A. C. T. has not noticed it in the course of the award and decided it without applying the said formula. Compensation has to be determined in accordance with law as propounded in the above-mentioned judgment. The age of the deceased as 55 years at the time of death is not in dispute. The multiplier of 8 has to be applied. Deceased was getting salary of Rs. 3,390 per month. The salary certificate, Exh. 50, does not contain the deductions, however, the deductions can be taken into consideration to the extent of rs. 390 per month in the year 1988. The net salary can be fixed as Rs. 3,000 per month. After deducting 1/3rd as personal living expenses, the monthly salary of the deceased comes to Rs. 2,000. Taking into consideration his yearly salary and multiplier of 8, the loss of dependency comes to Rs. 1,92,000 (i. e. , Rs. 2,000 x 12 x 8 ). Appellants are entitled to Rs. 2,000 as funeral expenses. Appellant No. l, wife of the deceased, is entitled to consortium of rs. 5,000 and the appellant Nos. 2 to 5, sons of deceased to Rs. 1,000 each for love and affection which comes to Rs. 4,000 (Rs. 1,000 x 4 ). The total compensation comes to Rs. 2,03,000 (Rs. 1,92,000 + Rs. 2,000 + Rs. 5,000 + Rs. 4,000 ).