NARBADA DEVI Vs. JAI SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 22nd August, 2005, whereby learned Motor Accident Claims Tribunal {ADJ (Fast Track)} No.2, Beawar has decreed an amount of Rs. 3,19,000/- in favour of claimants and against the respondents.

(2.) LEARNED counsel for the claimants canvassed that in view of the judgment rendered by Hon'ble Apex Court in the case of Smt. Sarla Verma and Others Versus Delhi Transport Corporation and Another reported in 2009 (2) TAC 677 (S.C.), the deductions should have been 1/4th towards personal & living expenses of the deceased looking to the number of dependents, which are four in number in the instant case, but the learned Tribunal deducted 1/3rd towards personal and living expenses of the deceased. Thus, the learned Tribunal erred while computing the quantum of compensation. Hence, the quantum of compensation needs to be recalculated and impugned award deserves to be modified.

(3.) APPEAL stands disposed of accordingly.