PUSHPLATA VERMA Vs. CHEN SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of the M.V. Act, 1988, has been filed against the award dated 29.9.2004 of the Eleventh Additional Member, MACT, Indore, in Claim Case No. 33/2003 by which in respect of the death of Rajaram, husband of appellant No. 1, father of appellant Nos. 2 and 3 and son of appellant No. 4, the Tribunal has awarded a total sum of Rs. 3,11,000.00. By the present appeal, the appellants seek enhancement of the amount.

(2.) ACCORDING to the claimants, on the night intervening 28-29.6.2003, while the deceased Rajaram was going with his other family members, near Police Station Rajendranagar, there was collision with the car driven by NA No. 1 bearing registration No. MP-09-HB-2198. He got stuck under the car and was dragged for about 100 feet. In a badly injured condition, he was taken to MY Hospital where he was declared dead. Rajaram was an Assistant Excise Officer getting a salary of Rs. 15,000 per month and on account of his untimely death, the appellants lost their source of livelihood. In these premises, the appellants claimed compensation of a sum of Rs. 50,00,000.00. However, the Tribunal awarded only a sum of Rs. 3,11,000 with the result, the present appeal has been filed for enhancement.

(3.) IT is not disputed that though the annual income of the deceased was more than Rs. 40,000, the structured formula provides for a maximum ceiling in Schedule-II. Under these circumstances, believing that the deceased was earning Rs. 40,000 per annum, the Claims Tribunal has taken his income as Rs. 40,000 and deducted 1/3rd for his personal expenses and calculated the compensation. A note appended to the chart provided in Schedule II clearly directs that the amount of compensation so arrived at in the case of fatal accident claims shall be reduced by 1/3rd in consideration, of the expenses which the victim would have incurred towards maintaining himself had he been alive. Though the learned Counsel has greatly stressed in view of the state of the family, the deceased may not have been incurring more than 1/4th on himself, in view of the said structured formula, we are of the view that such a deviation would be contrary to the statutory provision and its intendment.