MANA RAM SON OF CHOGA JI Vs. PROMOD KUMAR SINGH
LAWS(RAJ)-2017-1-19
HIGH COURT OF RAJASTHAN
Decided on January 20,2017

Mana Ram Son Of Choga Ji Appellant
VERSUS
Promod Kumar Singh Respondents

JUDGEMENT

- (1.) This appeal is directed against the judgment and award dated 01.10.2003 passed by the Motor Accident Claims Tribunal, Sojat, District - Pali ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.1,50,200/- as compensation to the claimants for death of one Smt. Sayari, wife/mother of the claimants.
(2.) It was, inter alia, claimed that the deceased was aged about 32 years and she was involved in the work of labour and used to earn Rs.2,100/- per month. Based on the said averments, the (2 of 4) [CMA-593/2004] compensation was sought. The Tribunal after evidence was led by the parties came to the conclusion that the deceased was earning about Rs.1,500/- per month and after deducting 1/3 rd towards personal expenses, assessed the dependency at Rs.12,000/- per year and after applying multiplier of 10 awarded a sum of Rs.1,20,000/- towards loss of income, Rs.25,000/- towards loss of consortium/love & affection, Rs.5,000/- towards funeral expenses, Rs.200/- towards transportation expenses and ordered for payment of interest @ 6% per annum w.e.f. 09.12.2002 i.e. the date of application.
(3.) It is submitted by learned counsel for the appellants that the Tribunal committed error in applying a low multiplier and awarded meager amount towards loss of consortium/love & affection to the claimants and, therefore, the award impugned deserves to be modified. Reliance was placed on judgment of Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation : (2009) 6 SCC 121.;


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