SMT. RUKMA DEVI Vs. NEMI CHAND

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the judgment and award dated 9/12/2016 passed by the Motor Accident Claims Tribunal, Merta ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 3,35,872/- as compensation along with interest @ 8% p.a. from the date of application i.e. 15/10/2015.

(2.) The application for compensation was filed by the claimants, wife and major children, of one Mohan Lal with the averments that on 3/6/2015 Mohan Lal was sitting near the shop of Prem Ji when the offending Trailer, being driven rashly and negligently, struck said Mohan Lal, resulting in his death. Compensation to the tune of Rs. 49,56,000.00 was claimed.

(3.) The Tribunal, while assessing the quantum of compensation came to the conclusion that the deceased was aged 70 years and applied the multiplier of 5 in terms of judgment in the case of Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. The claim of claimants that deceased used to earn Rs. 10,000.00 per month in absence of documentary proof was not accepted and minimum wages for an unskilled workman were applied and his income was assessed at Rs. 4912/- per month, ? ..?th amount towards personal expenses was deducted and a sum of Rs. 2,35,872/- was awarded towards loss of income, Rs. 25,000.00 was awarded towards loss of consortium, Rs. 25,000.00 was awarded towards funeral expenses and Rs. 50,000.00 to the children towards loss of love, affection and guidance and in all a sum of Rs. 3,35,872/- was awarded.