Mohammad Rafiq, J. - (1.) THIS appeal has been filed by claimant -appellants dissatisfied with award dated 05.05.2009 of learned Motor Accident Claims Tribunal, Jaipur (Special Court for Communal Riots), in MAC Case No. 496/2008 (564/2005), by which learned Tribunal has awarded compensation of Rs. 4,29,000/ - in their favour. Sole ground raised by learned counsel for appellant is that learned Tribunal has erred in deducting 1/3rd towards personal expenses of the deceased and assessing loss of dependency at 2/3rd only. In support of his contention, learned counsel for appellants has relied on judgment of the Supreme Court in Sarla Verma (Smt.) & Ors. us. Delhi Transport Corporation & Anr., : (2009) 6 SCC 121, and argued that there being four dependents, as per ratio of the aforesaid judgment, only 1/4th should have been deducted towards self -expenses of the deceased, whereas learned Tribunal has wrongly deducted 1/3rd under that head.
(2.) HAVING heard learned counsel for the parties and perused the impugned award, I am of the view that learned Tribunal, considering the fact that there are four claimants, ought to have deducted only 1/4th towards self -expenses in view of judgment of the Supreme Court in Sarla Verma, supra, however, it has deducted 1/3rd towards self -expenses and assessed the dependency at Rs. 2000/ -. Learned Tribunal has arrived at compensation of Rs. 3,84,000/ - on the head of loss of dependency after applying the multiplier of 16. Learned Tribunal has awarded compensation of Rs. 45,000/ - under non -pecuniary heads, viz. Rs. 10,000/ - for funeral expenses, Rs. 10,000/ - for loss of consortium to wife, Rs. 15000/ - (Rs. 5000/ - each to children) for loss of love and affection and Rs. 10,000/ - (Rs. 5000/ - each to parents) for loss of love and affection. Learned Tribunal has rightly assessed the monthly income of the deceased at Rs. 3000/ - and after deducting 1/4th therefrom towards self -expenses, the monthly loss of dependency would come to Rs. 2250/ -. Learned Tribunal has rightly applied the multiplier of 16 looking to the age of 38 years of the deceased at the time of death. The appellants are thus entitled to receive compensation of Rs. 4,32,000/ -(2250 x 12 x 16) under the head of loss of dependency. The award of Rs. 45,000/ - under non -pecuniary heads, as above, is maintained.
(3.) THE appellants thus be entitled to receive a sum of Rs. 4,77,000/ -(432000+45000) as total compensation. The appellants shall be entitled to receive interest on the enhanced amount of compensation at the rate of 7.5% per annum from the date of filing of claim petition. Compliance of the judgment be made within a period of three months. The appeal is accordingly partly allowed.;