JUDGEMENT
MOHAMMAD RAFIQ, J. -
(1.)THESE three appeals have been filed assailing the award of the Motor Accident Claims Tribunal, Kotputli, District Jaipur dated 5th May, 2009 for enhancement of compensation of Rs. 2,62,000/ -
awarded in SBCMA No. 3679/09 for the death of Smt.Malli Devi aged 25 years, Rs. 56,000/ -
awarded in SBCMA No. 3678/0.9 for the injuries sustained by Smt.Santi -the appellant aged 40
years at the relevant time and Rs. 4,21,000/ - awarded in SBCMA No. 3680/09 for the death of
Kabool aged 30 years husband of appellant No.1 -Smt.Bhanwari Devi in a road accident involving
the vehicle insured with respondent No. 3 -The Oriental Insurance Company Ltd. Hence, they are
being decided by this common order.
(2.)CONTENTION of the learned Counsel for the appellants in SBCMA No. 3679/2009 is that deceased - Smt.Malli Devi was a woman aged 25 years. Learned Tribunal erred in law in accepting her income
to be on notional basis at Rs. 15,000/ - per annum. Even if she was a house hold woman, her
contribution to the family should atleast be accepted at Rs.3,000/ - per month as per the judgment
of Supreme Court in Arun Kumar Agrawal and another v. National Insurance Company & Ors., J.T.
2010 (7) S.C. 304 : 2010 A.C.J. 2161 : 2010 (3) T.A.C. 769. She was an agriculturist and was running a embroidery shop in Kotputli. Her income should be accepted at Rs. 3,000/ - per month
while computing loss of dependency. Deceased at the relevant time was 25 years of age and the
Tribunal has accepted her age between 20 -25 years, and, therefore, as per the judgment of the
Supreme Court in Sarla Verma & Others v. Delhi Transport Corporation & Another, (2009) 6 S.C.C
121 : 2009 (2) T.A.C. 677 (S.C), multiplier of 18 would be applicable instead of 17. There being four dependents, 1/4th would be deducted.
Learned Counsel for the respondent -Insurance Company has opposed the appeal but could not dispute that the Tribunal has awarded the compensation on the basis of notional income at Rs.
15,000/ - per annum accepting the age of the deceased between 20 -25 years, which is towards the lower side.
(3.)CONSIDERING therefore aforesaid argument, S.B. Civil Misc.Appeal No. 3679/2009 (Rajendra @ Lala Ram & Ors. v. Daya Ram & Ors.) deserve to succeed and same is accordingly allowed in part.
Award of the Motor Accident Claims Tribunal, Kotputli, Jaipur dated 5th May, 2009 is modified to
the following extent:
(a) Rs. 3,000/ - p.m. accepted income. (b) Rs. 2,250/ - (1/4th deduction) 3000 -750 (c) 2,250 x 12 x 18 = Rs. 4,86,000/ -. (d) Award of Rs. 2,000/ - for funeral expenses, Rs. 20,000/ - (Rs.5,000/ - each to four claimants) for loss of love and affection total Rs. 22,000/ - towards other non -pecuniary heads is maintained. (e) Rs. 4,86,000/ - + Rs. 22,000/ - = Rs. 5,08,000/ -. (f) The original award of Rs. 2,62,000/ - is enhanced to Rs.5,08,000/ -. (g) The claimant -appellants shall be entitled to interest @7.5% on the enhanced amount of compensation of Rs. 2,46,000/ -from the date of filing claim petition.